This letter has struck me every time I come across it. Probably the most unpleasant duty short of fighting against Scott...

Arlington, Washington City P.O.
April 20, 1861
General:

Since my interview with you on the 18th instant I have felt that I ought not longer to retain my commission in the Army. I therefore tender my resignation, which I request you will recommend for acceptance.

It would have been presented at once, but for the struggle it has cost me to separate myself from a service to which I have devoted all the best years of my life & all the ability I possessed.

During the whole of that time, more than 30 years, I have experienced nothing but kindness from my superiors, & the most cordial friendship from my companions. To no one Genl have I been as much indebted as to yourself for uniform kindness & consideration, & it has always been my ardent desire to merit your approbation.

I shall carry with me to the grave the most grateful recollections of your kind consideration, & your name & fame will always be dear to me. Save in the defense of my native State, I never desire again to draw my sword.

Be pleased to accept my most earnest wishes for the continuance of your happiness & prosperity & believe me most truly yours

R. E. Lee

http://www.sonofthesouth.net/leefoundation/LettersWinfiedScott.htm

April the 15 1865. Lower Chanceford.

Dear Friend,
After haveing done all the -------
On Saturday evening with the
Greatest of pleasure I have taken
The priveledge of a few minuts
To whold a conversation with you
Thou many miles apart we May
Be. I received a very Kind +
Welcome letter about noon yesterday
From my well wisher + lover +
Its content was very interresting
+ esceptable to me but
Whare do you think I was
When it came to my hands.
I will tell you but you
Musant tell any body nor
Think hard of it your self
For I Couldant help it I
Was in Bed but I am able
to be up and a doing to day.
I was sorry to here that
You had the head-ache but
I hope it is better by this
Time if it ant you had
Beter take care that you dont get
Wors than the headache + be
Obliged to go to bed as was yester
-day. If you do then what will become
Of you away whare you neither have
Friends nor relations nor not even
A gal to take care of you. You had
Beter come home for fear you do.
For you can get plenty of work
here on the canal every body in
the neighbourhood + more is working
There + they havant 1/2 hands enough
yet I would like very much to
See you comeing home for I was
out at Pine grove church on Sunday
Last + there I saw the bride +
groom + if you want to know who
they ware it was Mr. William moor
and Miss Mary hickman was her maden nam
I don't know what gussie will
Do know when wil moor as she
Calls him is gone unless you
Come up + hold her once a
Week but if that dont pleas
You + I exspect if you ware to come
Home you could get into a job
Of sleeping with Mary Jane Snyder
for I exspect she has to sleep by
her self since John went to the
Army I suppose you know for certain
By this time that David has gon
to the army + I herd yesterday that
He has the ague he didant write home
that he had but J. Stevens did.
Well my dear it is nearly 9 oclock
+ the rest the family are nearly
All gone to bed + I feel as much
like being there as any whare else to
I will quit writing for tonight I finnish
in the morning as tommorrow is Sunday
I will have plenty of time so good night
My Dear + I hope you will rest
contented + full assured that I will
remain yours fare well.


April the 16
Good Morning My dear friend
this is quite a pleasant morning
I almost forgot to tell you that
I got a letter about 2 week ago
forwarded from the president A
Lincoln but the next one he sends
to me he had beter not get you
to write it + I won't be so sure to
know that it came from you my
Dearest friend + only lover + loveing
Bob well I think I will haft to
draw my leter to a close for the present
time by telling you to write soon all
at presant from your kind friend
Sallie S. Scott to
Robert Barnett you said that you
wanted me to send you a stamp or
thats what I took it to be from the
way you had it speld I havent any
3 cts ones but will send you all the
one cent ones that I have at this time
I forgot the old hors he is doing well
only there is someting rong with his neck
so he cant put his hed down to drink
Sallie Seeper Robert James write soon


http://spec.lib.vt.edu/cwlove/seeper.html

post of the day

HEADQUARTERS FOURTH BRIGADE, HUGER'S DIVISION, July 14,1862.
COLONEL: In obedience to order dated Headquarters Department Northern Virginia, July 10, 1862, I have the honor to submit the following report:



June 25, the Fourth Brigade, Huger's division, was posted about 5 miles from Richmond, between the Richmond and York River Railroad and the Williamsburg road. The brigade occupied rifle pits in the margin of the woods the railroad to be Williamsburg road. In front an open field extended along the line three-quarters of a mile wide to another belt of woods. The Ninth and Fifty-third Regiments and Fifth Battalion were thrown out as pickets in the woods in front of the field, with the Third Georgia, of General Wright's brigade, as a reserve.


Engaged the enemy at 10 a.m.; enemy in force; Fourteenth and Thirty-eighth sent in to support the line, which was maintained. Later the Fourteenth and Thirty-eighth ordered to occupy the advanced line, with the Ninth, Fifty-third, and Fifth Battalion as reserve; Third Georgia in rifle pits.


Loss on our side: One killed (private), 1 wounded (lieutenant), 2 missing. Loss of enemy unknown.


Prisoners taken and sent to General Wright's headquarters: One captain, 1 sergeant, 9 privates.


June 26, the Third Georgia at 5 p.m. relieved the Fourteenth and Thirty-eighth Virginia. The Fifth Battalion, Ninth, Fourteenth, Thirty-eighth, and Fifty-third ordered back to rifle pits.


June 27, the Fifty-third and Ninth relieved the Third Georgia at 4 p.m.; enemy tried to force the line; Fourteenth and Thirty-eighth ordered to support it; enemy driven back; General Huger orders the woods to be held; don't want to attack. Number of men present in the brigade for duty, 1,138; officers, 70 exclusive of the Third Georgia.


June 28, at sunrise Fourteenth Virginia was ordered to relieve the Fifty-third, which came back to rifle pits; reported loss 7 wounded; Ninth and Fourteenth Virginia in advance, Thirty-eighth as reserve; 4 p.m. Fifty-seventh Virginia ordered out as advance; all other regiments back to rifle pits.


June 29, the Thirty-eighth Virginia ordered to support Fifty-seventh at 6.30 a.m.


During the last five days there has been constant skirmishing along the line. Sections of Captains Turner's and Stribling's artillery companies were in position. The former did good service and delivered a very effective fire. The enemy did not come within range of the guns of the latter, who was ordered not to fire unless the enemy came into the field or appeared on the railroad. Brigade moved to Charles City road; skirmish engagement between General Mahone's brigade in advance and the enemy; Captain Grines' artillery company reported to me.


June 30, moved down Charles City road, General Mahone in advance; engaged the enemy with artillery; loss in my brigade: One killed, 1 wounded.


July 1, being on the Charles City road, between the creek called White Oak Swamp and P.Williams' farm, I was ordered by Major-General Huger, commanding division, with my brigade and General Wright's to pass to the right of the Charles City road and take the enemy in flank. Proceeding in this direction by a blind road for about 2 miles brought me into the Long Bridge road near the point where General Longstreet had engaged the enemy the day before. I reported to General Lee, commanding, and was ordered by him to proceed to the Quaker road in the direction of Willis' Church. Proceeding, in obedience to this order, for about a mile through the woods around Mrs.E.Garthright's farm, I met with Captain Talcott, the commanding general's aide, who informed me that the enemy were near. This [was] about 12 m. I immediately threw out the necessary pickets and skirmishers in front, and took a position with the right of my brigade in a ravine near the edge of the woods skirting Crew's farm on that side.


By a reconnaissance, made first by Colonel E.C.Edmonds, of the Thirty-eighth Virginia, and soon after verified by General Wright and myself (a sketch of which,made by Colonel Edmonds, was sent by me to the commanding general), I found that the enemy were in large force near and around Crew's house, and that the hill in front of the ravine we occupied was a good position for artillery. It was asked for, and Captains Pegram's and Grimes' batteries were sent. The enemy's pickets were handsomely driven in to prepare for our artillery. They were under the command of Lieutenant Colonel M.F.T.Evans, Fourteenth Virginia, the senior officer.


The enemy in the mean time had opened fire about 1 p.m. The fire was a terrible one, and the men stood it well. The enemy must have had thirty or forty pieces opposed to ours and of superior caliber. No men could have behaved better than Captains Pegram and Grimes; they worked their guns after their men were cut down and only retired when entirely disabled. I sent for more artillery repeatedly. One officer reported to me whose name I have unfortunately forgot, but what I wanted never arrived; that is, more guns and heavier ones.


About 3 p.m. General Longstreet came where I was, to whom I made known my wants, and he promised to let me have what I required. If sent, I never saw or heard of them. Shortly after this the enemy approached with a heavy body of skirmishing. I ordered the Thirty-eighth, Fourteenth, and Fifty-third Virginia Regiments, of my brigade, to drive them back, which they did in handsome style. In their ardor they went too far, but fortunately gained some protection by a wave of the ground between our position and that of the enemy. I was thinking of the best way to withdraw them and of the practicability of charging the enemy's battery, but another view of the ground and the distance, three-fourths of a mile, determined me in the opinion that it was folly to attempt it, unless there could be a simultaneous charge made on the right and left.


About this time (somewhere between 4 and 5 p.m.) General Magruder came to where I was, assumed command, and gave orders for a charge, my three regiments still in advance of General Mahone's and Wright's brigades (which came up immediately upon my right); following my three regiments came General Cobb's brigade, and soon after the Ninth and Fifty-third Virginia, of my brigade, and these by the Fifty-seventh Virginia, same brigade. The enemy's fire ceased soon after dark. My brigade remained on the field until the next morning, and retired by permission to drier ground.


For the time I was in command I have to thank General Wright for his hearty co-operation and assistance. He exposed himself unnecessarily; the country cannot afford to lose him.


To Colonel Edmonds and Major Joseph R.Cabell, of the Thirty-eighth Virginia, and to Colonel J.G.Hodges and Lieutenant-Colonel Evans, of the Fourteenth Virginia, my thanks are due. Others may equally merit them, I do not doubt it, but it is impossible for any one man to see everything on a battle-field. I am certainly pleased with the conduct of my brigade on the 1st instant, although there were some few who did not behave well.


My staff officers - Captain J.W.Pegram, assistant adjutant-general; Lieutenant J.D.Darden, aide-de-camp; Lieutenant W.L.Randolph, ordnance officer, and my volunteer aides, Lieutenant John Dunlop and the Rev.J.E. Joyner, chaplain of the Fifty-seventh Virginia - did all that men could do and did it well. Lieutenant Dunlop was especially much exposed in carrying orders.


Lieutenant R.T.Daniel, jr., adjutant of the Fifth Kentucky, reported to me on the 27th ultimo as volunteer aide; he rendered valuable service in a bold reconnaissance, and for his subsequent gallant conduct I have to refer you to the report of Major Cabell, Thirty-eighth Virginia, and for the meritorious conduct of many other I respectfully refer you to the respective reports of the subordinate commanders.


I would also mention the good conduct of one of my clerks, Private A.S.Darden, of Upshaw's Randolph Dragoons; he was with me all the time.


My brigade remained in camp until the 3rd instant, about 10 or 11 a.m. I was then ordered to report to General Longstreet, near Temperance Hall, about 3 miles from Shirley, nearly opposite the mouth of the Appomattox. On the road I received an order from General Longstreet to report to General A.P.Hill, which I did that evening (3rd) and remained subject [to] his orders until the 11th instant, when I rejoined my division at this place.


I have the honor to inclose the reports of subordinate commanders of the parts taken by them in the engagement of July 1; copies of reports of skirmishes on the 25th and 27th ultimo (originals previously forwarded), with lists of casualties.


All of which is respectfully submitted.


Very respectfully, your obedient servant,


L. A. ARMISTEAD,
Brigadier-General.
Colonel S. S. ANDERSON,
Assistant Adjutant-General, Huger's Division.

From: http://pw2.netcom.com/~buck1755/or1.htm

Post of the day

The Statute of Laborers; 1351
("Statutes of the Realm," vol. i. p. 307.)
Edward by the grace of God etc. to the reverend father in Christ William, by the same grace archbishop of Canterbury, Primate of all England, greeting. Because a great part of the people and especially of the, workmen and servants has now died in that pestilence, some, seeing the straights of the masters and the scarcity of servants, are not willing to serve unless they receive excessive wages, and others, rather than through labour to gain their living, prefer to beg in idleness: We, considering the grave inconveniences which might come from the lack especially of ploughmen and such labourers, have held deliberation and treaty concerning this with the prelates and nobles and other learned men sitting by us; by whose consentient counsel we have seen fit to ordain: that every man and woman of our kingdom of England, of whatever condition, whether bond or free, who is able bodied and below the age of sixty years, not living from trade nor carrying on a fixed craft, nor having of his own the means of living, or land of his own with regard to the cultivation of which he might occupy himself, and not serving another,if he, considering his station, be sought after to serve in a suitable service, he shall be bound to serve him who has seen fit so to seek after him; and he shall take only the wages liveries, meed or salary which, in the places where he sought to serve, were accustomed to be paid in the twentieth year of our reign of England, or the five or six common years next preceding. Provided, that in thus retaining their service, the lords are preferred before others of their bondsmen or their land tenants: so, nevertheless that such lords thus retain as many as shall be necessary and not more; and if any man or woman, being thus sought after in service, will not do this, the fact being proven by two faithful men before the sheriffs or the bailiffs of our lord the king, or the constables of the town where this happens to be done,-straightway through them, or some one of them, he shall be taken and sent to the next jail, and there he shall remain in strict custody until he shall find surety for serving in the aforesaid form.

And if a reaper or mower, or other workman or servant, of whatever standing or condition he be, who is retained in the service of any one, do depart from the said service before the end of the term agreed, without permission or reasonable cause, he shall undergo the penalty of imprisonment, and let no one, under the same penalty, presume to receive or retain such a one in his service. Let no one, moreover, pay or permit to be paid to any one more wages, livery, meed or salary than was customary as has been said; nor let any one in any other manner exact or receive them, under penalty of paying to him who feels himself aggrieved from this, double the sum that has thus been paid or promised, exacted or received and if such person be not willing to prosecute, then it (the sum) is to be given to any one of the people who shall prosecute in this matter; and such prosecution shall take place in the court of the lord of the place where such case shall happen. And if the lords of the towns or manors presume of themselves or through their servants in any way to act contrary to this our present ordinance, then in the Counties, Wapentakes and Trithings suit shall be brought against them in the aforesaid form for the triple penalty (of the sum) thus promised or paid by them or the servants; and if perchance, prior to the present ordinance any one shall have covenanted with any one thus to serve for more wages, he shall not be bound by reason of the said covenant to pay more than at another time was wont to be paid to such person; nay, under the aforesaid penalty he shall not presume to pay more.

Likewise saddlers, skinners, white-tawers, cordwainers, tailors, smiths, carpenters, masons, tilers, shipwrights, carters and all other artisans and labourers shall not take for their labour and handiwork more than what, in the places where they happen to labour, was customarily paid to such persons in the said twentieth year and in the other common years preceding, as has been said; and if any man take more, he shall be committed to the nearest jail in the manner aforesaid.

Likewise let butchers, fishmongers, hostlers, brewers, bakers, pullers and all other vendors of any victuals, be bound to sell such victuals for a reasonable price, having regard for the price at which such victuals are sold in the adjoining places: so that such vendors may have moderate gains, not excessive, according as the distance of the places from which such victuals are carried may seem reasonably to require; and if any one sell such victuals in another manner, and be convicted of it in the aforesaid way, he shall pay the double of that which he received to the party injured, or in default of him, to another who shall be willing to prosecute in this behalf; and the mayor and bailiffs of the cities and Burroughs, merchant towns and others, and of the maritime ports and places shall have power to enquire concerning each and every one who shall in any way err against this, and to levy the aforesaid penalty for the benefit of those at whose suit such delinquents shall have been convicted; and in case that the same mayor and bailiffs shall neglect to carry out the aforesaid, and shall be convicted of this before justices to be assigned by us, then the same mayor and bailiffs shall be compelled through the same justices, to pay to such wronged person or to another prosecuting in his place, the treble of the thing thus sold, and nevertheless, on our part too, they shall be grievously punished.

And because many sound beggars do refuse to labour so long as they can live from begging alms, giving themselves up to idleness and sins, and, at times, to robbery and other crimes-let no one, under the aforesaid pain of imprisonment presume, under colour of piety or alms to give anything to such as can very well labour, or to cherish them in their sloth, so that thus they may be compelled to labour for the necessaries of life.

Henderson's Note
The Statute of Labourers, was issued after the great plague of the Black Death, which raged in Europe from 1347 to 1349. The same fields remained to be tilled, the same manual labour to be performed; but a large proportion of the labourers had died, and the rest could command what wages they pleased. Edward III, to stop this evil, issued this rather Draconian decree.

http://www.yale.edu/lawweb/avalon/medieval/statlab.htm

from Timothy Gowing, Voice from the Ranks: a personal narrative of the Crimean Campaign (Nottingham: 1895). digitalized here :http://victorianweb.org/history/crimea/gowing/valley.html


The nights began to get very cold, and we found the endless trench work very trying, often having to stand up to our ankles (and sometimes knees) in muddy water, with the enemy pounding at us all the time with heavy ordnance, both direct and vertical, guns often dismounted and platforms sent flying in all directions; our sailors generally paid the enemy out for it. The Russians often fought with desperation, but moral strength in war is to physical as three to one. Our men had handled the enemy very roughly more than once since the Alma, and they were shy at coming to close quarters unless they could take us by surprise.

Thus things went on day after day until the morning of the 25th October, 1854, when we awoke to find the enemy were trying to cut off our communications at Balaclava, which brought on the battle.

I was not engaged, but had started from camp in charge of twenty-five men on fatigue to Balaclava, to bring up blankets for the sick and wounded. It was a cold, bleak morning as we left our tents. Our clothing was getting very thin, with as many patches as Joseph's coat. More than one smart Fusilier's back or shoulder was indebted to a piece of black blanket, with hay bound round his legs to cover his rags and keep the biting wind out a little; and boots were nearly worn out, with none to replace them. There was nothing about our outward appearance lady-killing; we were looking stern duty in the face. There was no murmuring, however — all went jogging along, cracking all kinds of jokes.

We could hear the firing at Balaclava, but thought it was the Turks and Russians playing at long bowls, which generally ended in smoke. We noticed, too, mounted orderlies and staff officers riding as if they were going in for the Derby.

This map is taken from Christopher Hibbert's The Destruction of Lord Raglan, (Longmans, 1961), with the author's kind permission. Copyright, of course, remains with Dr Hibbert.
Click on the image for a larger view
As we reached the hills overlooking the plains of Balaclava, we could see our cavalry formed up, but none of us thought what a sight we were about to witness. The enemy's cavalry in massive columns were moving up the valley; the firing was at times heavy. Several volleys of musketry were heard. The Turks ran from our guns, but found time to plunder our camp. In a few minutes more the enemy got a slight taste of the 93rd Highlanders, and after satisfying themselves they were not all Turks who were defending our communications, they retired as quickly as possible. My party was unarmed, hence my keeping them out of harm's way.

One column of the enemy's cavalry advanced to within half a mile of our people, who were a handful compared with the host in front of them. It was soon evident our generals were not going to stop to count them, but go at them at once. It was a most thrilling and exciting moment.



The Charge of the Heavy Brigade at Balaklava from William Simpson's The Seat of War in the East, second series. I am grateful to John Sloan for permission to use this image from the Xenophongi web site, which graciously he has agreed to share with the Victorian Web. Copyright, of course, remains with him.
Click on the image for a larger view
As our trumpets sounded the advance, the Greys and Inniskillings moved forward at a sharp pace and as they began to ascend the hill they broke into a charge. The pace was terrific, and with ringing cheer and continued shouts they dashed right into the centre of the enemy's column. It was an awful crash as the glittering helmets of the boys of the Green Isle and the bearskins of the Greys dashed into the midst of levelled lances with sabres raised. The earth seemed to shake with a sound like thunder. Hundreds of the enemy went down in that terrible rush. It was heavy men mounted on heavy horses, and it told a fearful tale.

A number of the spectators, as our men dashed into that column, exclaimed, 'They are lost! They are lost!' It was lance against sword, and at times our men became entirely lost in the midst of a forest of lances. But they cut their way right through, as if they had been riding over a lot of donkeys. A shout of joy burst from us and the French, who were spectators, as our men came out of the column. It was an uphill fight of 500 Britons against 5,000 Muscovites.

Fresh columns of squadrons closed round this noble band with a view of crushing them — but help was now close at hand. With another terrible crash, and with a shout truly English, in went the Royal Dragoons on one flank of the column; and with thrilling shouts of 'Faugh-a-Ballagh' [1] the Royal Irish buried themselves in a forest of lances on the other. Then came thundering on the Green Horse (5th Dragoon Guards) and rode straight at the enemy's column.

The Russians must have had a bad time of it. At a distance, it was impossible to see the many hand-to-hand encounters; the thick overcoats of the enemy, we knew well, would ward off many a blow. Our men, we found afterwards, went in with point, or with the fifth, sixth, or seventh cuts about the head [2]. The consequence was, the field was covered pretty thickly with the enemy; but hundreds of their wounded were carried away. We found that they were all strongly buckled to their horses, so that it was only when the horse fell that the rider was likely to fall. But if ever a body of cavalry were handled roughly, that column of Muscovites were. They bolted — that is, all that could — like a flock of sheep with a dog at their tails. Their officers tried to bring them up, but it was no go; they had had enough and left the field to General Scarlett's band of heroes. How ever that gallant officer escaped was a miracle, for he led some thirty yards right into the jaws of death and came off without a scratch.

The victorious brigade triumphantly rejoined their comrades and were received with a wild burst of enthusiasm. It would be well if we could now draw the curtain and claim a glorious victory. The French officers were loud in their admiration of the daring feat of arms they had just witnessed; many of them said it was most glorious. Sir Colin Campbell might well get a little excited and express his admiration of the Scots Greys. This old hero rode up to the front of the Greys with hat in hand and exclaimed with pride:

'Greys, gallant Greys! I am past sixty-one years; if I were young again, I should be proud to be in your ranks. You are worthy of your forefathers!'

But they were not alone: it was the Union Brigade, as at Waterloo, that had just rode through and through the enemy and drew the words from Lord Raglan, who had witnessed both charges, 'Well done, Scarlett!'

The losses of this noble brigade were comparatively trifling, taking into consideration the heavy loss they inflicted upon the foe. The Union Brigade was composed of one English, one Irish, and one Scotch regiment; so it was old England, ould Ireland, and Scotland for ever!

But we now come to where someone had blundered. The light cavalry had stood and witnessed the heroic deeds of their comrades the heavies. Had we had an Uxbridge, a Cotton, or a Le Marchant, at the head of our cavalry, not many of the enemy's heavy column, which had just received such a mauling from the Heavy Brigade, would have rejoined their comrades. The light cavalry would have been let go at the right time and place, and the enemy would have paid a much heavier price for a peep at Balaclava.

The noble six hundred had not to wait much longer. They were all on the look-out for something. It comes at last. A most dashing soldier, Captain Nolan, rode at full speed from Lord Raglan with a written order to the commander of our cavalry, the late Lord Lucan:

Lord Raglan wishes the cavalry to advance to the front, and try to prevent the enemy carrying away the guns. Troop of horse artillery may accompany. French cavalry is on your left. Immediately. R. AIREY
Anyone without a military eye will be able to see at a glance that it was our guns (from which the Turks had run away) our commander wished to retake from the enemy; it could have been done without much loss, as General Sir G. Cathcart was close at hand with his division. This was not the first order sent to the commander of our cavalry. The former order ran thus:

Cavalry to advance and take advantage of any opportunity to recover the heights. They will be supported by the infantry, which have been ordered to advance on two fronts.
What heights? Why, the heights on which our spiked guns are! It must have been very amazing to our commander that his orders had not been obeyed, although some thirty-five precious minutes had elapsed. From the high ground he could see that the enemy were about to take our seven guns away in triumph, hence the order 'immediately'. The commander of our cavalry evidently lost his balance with the gallant Nolan, as we find from authentic works upon the war. Lord Lucan (who was irritable, to say the least of it) said to Nolan:

'Attack, sir? Attack what? What guns, sir?'
'Lord Raglan's orders,' he replied, 'are that the cavalry should attack immediately.'
Nolan , a hot-blooded son of the Green Isle, could not stand to be snapped at any longer, and he added, 'There, my Lord, is your enemy, and there are your guns!'
The order was misconstrued — and the noble six hundred were launched into the valley of death! Poor Captain Nolan was the first that fell. But they and he shall live renowned in story.

Thus far, I had been an eye-witness of one of the noblest feats of arms that ever was seen upon a battlefield. It spoke volumes to the rising generation. Go and do likewise. Never say die. A brave man can die but once, but a cowardly sneak all his life long. It told the enemy plainly the metal our cavalry were made of. They said that we were red devils at the Alma; it must be acknowledged that they got well lathered then, and now the Union Brigade of heavy horse had shaved them very roughly. As for the Light Brigade, with sickness, disease, a strong escort for our Commander-in-Chief, and mounted orderlies for the different generals, it hardly mustered the strength of one regiment on an Indian footing.

There was a lot of excitement on the hill-side when we found the Light Brigade was advancing, first at a steady trot, then they broke into a gallop. Their noble leader, the Earl of Cardigan, might well say, 'Here goes the last of the Cardigans! [3] Some one (an officer) said:

'What on earth are they going to do? Surely they are not going to charge the whole Russian army! It's madness!'

But, madness or not, they were simply obeying an order. And this noble band pressed on towards the enemy, sweeping down the valley at a terrific pace, in all the pride of manhood. Every man's heart on that hill-side beat high.

'They are lost! They are lost!' burst from more than one spectator.

The Charge of the Heavy Brigade at Balaklava from William Simpson's The Seat of War in the East, second series.
I am grateful to John Sloan for permission to use this image from the Xenophongi web site, which graciously he has agreed to share with the Victorian Web. Copyright, of course, remains with him. Click on the thumbnail for a larger image
The enemy's guns — right, left and front — opened on this devoted band. A heavy musketry fire was likewise opened; but still they pressed on. The field was soon strewn with the dead and wounded. It was a terrible sight to have to stand and witness without the power of helping them. The excitement was beyond my pen to express. Big briny tears gushed down more than one man's face that had resolutely stormed the Alma. To see their countrymen rushing at a fearful pace right into the jaws of death was a most exciting scene to stand and witness!

The field was now covered with the wreck of men and horses. They at last reached the smoke. Now and then we could hear the distant cheer and see their swords gleaming above the smoke, as they plunged into one of the terrible batteries that had swept their comrades down.

An officer very kindly lent me his field-glass for a short time. The field presented a ghastly sight, with the unnatural enemy hacking at the wounded — some trying to drag their mangled bodies from the awful cross-fire — but a few escaped the bloodthirsty Cossack's lance.

We could see the enemy formed up to cut off all retreat; but it was now do or die. In our fellows went with a ringing cheer, and cut a road through them; and now, to our horror, the brutish enemy opened their guns with grape upon friend and foe, thus involving all in one common ruin; and the guns again opened on their flanks.

It was almost miraculous how any of that noble band escaped. As each brigade or party came back they were greeted with a hearty cheer. Our gallant allies, the French, had witnessed the heroic deeds of the Light Brigade, and now the Chasseurs went at the enemy in a most dashing manner, to help to rescue the remains of such a noble band. The Chasseurs d'Afrique charged more like madmen than anything else; they had witnessed the Charge of the Light Brigade, and it had had the effect of rousing them to emulation. The chivalrous conduct of our allies on this field will always be remembered with gratitude; they had ten killed and twenty-eight wounded.

All cavalry charges are desperate work. As a rule, they are soon over; but they leave, particularly if successful, a heavily bloodstained mark behind. This was the only field on which our cavalry were engaged during the campaign; at the Alma a few squadrons were on the field, but not engaged. At Inkerman a portion of the cavalry were formed up — they then would have had a chance if the enemy had broken through the infantry. As far as the siege was concerned, they only did the looking-on part.

Our gallant allies admired much the conduct of our cavalry, both heavy and light. General Bosquet said that the charge of the Heavies was sublime; that of the Light Brigade was splendid 'but it was not war'.

We have not the slightest hesitation in asserting that the Light Brigade was sacrificed by a blunder. It is but little use trying to lay the blame on the shoulders of poor Captain Nolan; had he lived, the cavalry would have gone at our guns and recaptured them, or had a good try for it. It was Lord Lucan, and no one else, that ordered the charge. To say the least of it, it was a misconception of an order. But I am confident that Old England will long honour the memory of the noble six hundred.

Had the battle continued, the First and Fourth Divisions would have had a hand in the pie, as they were on the ground but not engaged.

Had my party been armed, I should most likely have gone down the hill at the double and formed up on the left of 'the thin red line' — the 93rd Highlanders. Shortly after the sanguinary charge of the Light Brigade, I moved forward as fast as I could. On arriving at Balaclava I found the stores closed up, and the Assistant Quartermaster-General ordered me to take my party on to the field to assist in removing the wounded, as far as it lay in my power.

Off I went at once. I found the cavalry still formed up. The Light Brigade were but a clump of men ... Noble fellows! They were few, but fearless still. I was not allowed to proceed further for some time, and I had the unspeakable pleasure of grasping more than one hand of that noble brigade. There was no mistaking their proud look as they gave me the right hand of fellowship!

A sergeant of the old Cherry Pickers, who knew me well, gave me a warm shake of the hand, remarking, 'Ah, my old Fusilier, I told you a week ago we would have something to talk about before long.'
'But, I replied, 'has there not been some mistake?'
'It cannot be helped now — we have tried to do our part. It will all come out some day.'

My men carried a number of the Heavies from the field to the hospitals, then I got my store of priceless blankets and off we plodded through the mud back to camp; we had something to talk about on our way home.

Our gallant allies, the French, were in high glee — they could hardly control themselves. As soon as they caught sight of us, they commenced to shout, 'Bon Anglais, bon Anglais!' And so it continued until I reached our camp.

Exciting and startling events now rapidly succeeded each other: the victorious cavalry had hardly sheathed their swords after their conflict with the enemy when about 10,000, almost maddened with drink and religious enthusiasm, took another peep at our camp next day, supported by some thirty guns. This afterwards was called 'Little Inkerman', and was a stiff fight while it lasted.

About midday on the 26th October the enemy came out of the town in very strong columns and attacked us, just to the right of the Victoria Redoubt; the fighting was of a very severe nature. The Second Division, under Sir de Lacy Evans, received them first; and a part of the Light Division had a hand in it. The enemy made cock-sure of beating us and brought trenching tools with them, but were again doomed to be disappointed. We were hardly prepared for them but soon collected ourselves and closed upon them with the bayonet when, after some hard fighting, they were hurled from the field.

They paid dearly for a peep at our camp, leaving close upon 1,000 dead and wounded. They retired much quicker than they came, with our heavy guns sweeping them down by scores and cutting lanes through their columns. Our artillery on this occasion did great execution, whilst a continuous rain of Minié rifle balls mowed their ranks like grass, and for the finishing stroke they got that nasty 'piece of cold steel'; our huge Lancaster guns simply killed the enemy by wholesale.

General Bosquet kindly offered assistance, but the reply of our Commander was, 'Thank you, General, the enemy are already defeated and too happy to leave the field to me.'

The attack of the 26th was nothing more nor less than a reconnaissance in force, preparatory to the memorable Battle of Inkerman, but it cost them heavily, while we also lost a large number of men. On this field the brutal enemy distinguished themselves by bayoneting all our wounded that the pickets were compelled to leave behind in falling back for a short distance. The stand made by the pickets of the 30th, 55th, and 95th on our right was grand, for they retired disputing every stone and bush that lay in their way.

The following morning our commander, under a flag of truce, reminded the Russian chief that he was at war with Christian nations and requested him to take steps to respect the wounded, in accordance with humanity and the laws of civilized nations. Nevertheless, the remonstrance did not stop their brutality. A few days later, on the memorable field of Inkerman, the Russians murdered almost every wounded man who had the misfortune to fall into their hands.

Whilst the pickets were holding on with desperation, the Royal Fusiliers and portions of the Royal Welch, 33rd Duke's Own, and 2nd Battalion Rifle Brigade, went with all speed to the Five-Gun Battery to reinforce the pickets there, and a portion of us were directed to the slopes of the White House Ravine.

We had just got into position when we observed one of the enemy retiring towards Sevastopol with a tunic on the muzzle of his rifle, belonging to one of the Fusiliers who was on fatigue in the ravine, cutting wood, when the attack commenced. Having nothing to defend himself with, he had to show his heels.

One of the Rifle Brigade at once dashed off shouting that the tunic should not go into the town. As the Rifleman neared, the Russian turned and brought his rifle to the present. John Bull immediately did the same. As luck would have it, neither of them was capped [4] . They closed to box [fist-fight]; the Briton proving the Russian's superior at this game, knocked him down, jumping on top of his antagonist. But the Russian proved the strongest in this position and soon had the Rifleman under. We watched them but dared not fire. A corporal of the Rifles ran as fast as he could to assist his comrade, but the Russian drew a short sword and plunged at our man, and had his hand raised for a second. The corporal at once dropped on his knee and shot the Russian dead.

Our men cheered them heartily from the heights. They were both made prisoners of war by an officer, and in due course brought before the commander of our forces, who made all enquiries into the case and marked his displeasure with the young officer by presenting £5 to the gallant Rifleman for his courage in not allowing the red coat to be carried into Sevastopol as a trophy, and promoted the corporal to sergeant for his presence of mind in saving the life of his comrade. No end of dare-devil acts like the above could be quoted, for the enemy always got good interest for anything which they attempted.

Our numbers were now fast diminishing from sickness and hardship; our clothing began to get very thin; we had none too much to eat, and plenty of work, both by night and by day, but there was no murmuring. We had as yet received no reinforcements, though the enemy had evidently been strongly reinforced.

Day after day passed without anything particular being done except trench work. Our men went at it with a will — without a whimper — wet through from morn till night, then lay down in mud with an empty belly, to get up next morning, perhaps to go into the trenches and be peppered at all day, to return to camp like drowned rats, and to stand to arms half the night.

The following letter was written from the

Camp before Sevastopol, October 27th, 1854
My Dear Parents,
Long before this reaches you, you will have heard that our bombardment has proved a total failure; if anything, we got the worst of it. The French guns were nearly all silenced, but our allies stuck to us well. But you will have heard that we have thrashed the enemy again, on two different fields.
On the 25th inst. they attacked our position at Balaclava. Our cavalry got at them — it was a grand sight, in particular the charge of the Heavy Brigade, for they went at them more like madmen than anything that I can explain; the Greys and Inniskillings (one a Scotch and the other an Irish regiment) went at them first, and they did it manfully. They rode right through them, as if they'd been a lot of old women, it was a most exciting scene. I hear that the Light Cavalry have been cut to pieces, particularly the 11th Hussars and the 17th Lancers. The rumour in camp is that someone has been blundering, and that the Light Cavalry charge was all a mistake; the truth will come out some day. The mauling that our Heavy Cavalry gave the enemy they will not forget for a day or two. I was not engaged in fighting but simply going down to Balaclava on fatigue. You will most likely see a full account of the fight in the newspapers, and I feel you will be more interested in our fight, which we had yesterday (the 26th). What name they are going to give it, I do not know. It lasted about an hour and a half, but it was very sharp.
The Second and Light Divisions had the honour of giving them a good thrashing, and I do not think they will try their hands at it again for a little while. We had not much to do with it; it was the 30th, 41st, 49th, and 95th that were particularly engaged, and they gave it to them properly. We supported them. The field was covered with their dead and wounded — our artillery simply mowed them down by wholesale. The Guards came up to our assistance, but they were not engaged more than they were at Balaclava.
We charged them right to the town. I heard some of our officers say they believed we could have gone into the town with them; but our noble old commander knew well what he was about. I mean Sir De Lacy Evans, for he commanded the field.
You must excuse this scrawl, as I must be off — I am for the trenches tonight. It is raining in torrents, so we are not likely to be short of water; but I am as hungry as a hunter. Don't be uneasy; thank God I am quite well, and we must make the best of a bad job. As long as we can manage to thrash them every time we meet them, the people at home must not grumble while they can sit by their firesides, and smoke their pipes, and say, 'We've beat them again!'
We begin to get old hands at this work now. It is getting very cold and the sooner we get at the town and take it the better. It is immensely strong, and looks an ugly place to take, but we will manage it some day. The enemy fight well behind stone walls, but let us get at them and I will be bound to say that we will do the fighting as well as our forefathers did under Nelson and Wellington. By the bye, our sailors, who man our heavy guns, are a tough and jolly set of fellows.
I shall not finish this letter until I come off duty.
October 29th

Well, I've got back to camp again, We have had a rough twenty four hours of it; it rained nearly the whole time. The enemy kept pitching shell into us nearly all night, and it took us all our time to dodge their Whistling Dicks [5], as our men have named them. We were standing nearly up to our knees in mud and water, like a lot of drowned rats, nearly all night; the cold, bleak wind cutting through our thin clothing (that now is getting very thin and full of holes, and nothing to mend it with). This is ten times worse than all the fighting.
We have not one ounce too much to eat and, altogether, there is a dull prospect before us. But our men keep their spirits up well, although we are nearly worked to death night and day. We cannot move without sinking nearly to our ankles in mud. The tents we have to sleep in are full of holes, and there is nothing but mud to lie down in, or scrape it away with our hands the best we can — and soaked to the skin from morning to night (so much for honour and glory)! I suppose we shall have leather medals for this one day — I mean those who have the good fortune to escape the shot and shell of the enemy and the pestilence that surrounds us.
I shall write as often as I can; and if I do not meet you any more in this world, I hope to meet you in a far brighter one. Dear Mother, now that I am face to face with death almost every day, I think of some of my wild boyish tricks and hope you will forgive me; and if the Lord protects me through this, I will try and be a comfort to you in your declining days. Good-bye, kind and best of mothers. I must conclude now. Try and keep up your spirits
And believe me ever
Your affectionate son,
T. GOWING, Sergeant, Royal Fusiliers
Notes
[1] Faugh-a-Ballagh: Gaelic for 'clear the way'.

[2] fifth, sixth, or seventh cuts: these were techniques taught in sabre drill and were aimed at the head. Cavalry troops used sabres as one of their main weapons.


[3] What he actually said was, "Here goes the last of the Brudenells."


[4] 'neither of them was capped': neither gun would fire. The reference is to the percussion caps that were needed for the gun to be fired.


[5] Whistling Dicks: huge shells that made a whistling noise as they flew through the air.

post of the day

History of the Wars [written c. 550 CE], Book III, chapters iii-vii

Now the Vandals, dwelling about the Maeotic Lake [the Sea of Azov], since they were pressed by hunger, moved to the country of the Germans, who are now called Franks, and the river Rhine, associating with themselves the Alans, a Gothic people [Arkenberg: actually, they were one of the Indo-Iranian peoples]. Then from there, under the leadership of Godigisclus, they moved and settled in Hispania, which is the first land of the Roman Empire on the side of the ocean [406-07 CE]. At that time Honorius made an agreement with Godigisclus that they should settle there on condition that it should not be to the detriment of the country. But there was a law among the Romans, that if any persons should fail to keep their property in their own possession, and if, meanwhile, a time amounting to thirty years should pass, that these persons should thenceforth not be entitled to proceed against those who had forced them out, but they were excluded by demurrer from access to the court; and in view of this he established a law that whatever time should be spent by the Vandals in the Roman domain should not be spent by the Vandals in the Roman domain should not by any means be counted toward this thirty-year demurrer. And Honorius himself, when the West had been driven by him to this pass, died of disease [August 27, 423 CE].

Now before this, as it happened, the royal power had been shared by Honorius with Constantius, the husband of Placidia [Galla Placidia], the sister of Arcadius and himself; but he lived to exercise the power only a few days, and then, becoming seriously ill, he died [421 CE] while Honorius was still living, having never succeeded in saying or in doing anything worth recounting; for the time was not sufficient during which he lived in possession of the royal power. Now a son of this Constantius, Valentinian, a child just weaned, was being reared in the palace of Theodosius, but the members of the imperial court in Rome chose one of the soldiers there, John by name, as emperor. This man was both gentle and well-endowed with sagacity and thoroughly capable of valorous deeds. At any rate he held the tyranny five years [actually he only ruled eighteen months] and directed it with moderation, and he neither gave ear to slanderers nor did he do any unjust murder, willingly at least, nor did he set his hand to robbing men of money; but he did not prove able to do anything at all against the barbarians, since his relations with Byzantium were hostile. Against this John, Theodosius, the son of Arcadius [Theodosius II, reigned 408-450 CE], sent a great army and Aspar and Ardaburius, the son of Aspar, as generals, and wrested from him the tyranny and gave over the royal power to Valentinian, who was still a child [Valentinian III, reigned 423-455 CE].

And Valentinian took John alive, and he brought him out in the hippodrome of Aquileia with one of his hands cut off and caused him to ride in state on an ass, and then after he had suffered much ill treatment from the stage-performers there, both in word and in deed, he put him to death. Thus Valentinian took over the power of the West. But Placidia, his mother, had reared this emperor and educated him in an altogether effeminate manner, and in consequence he was filled with wickedness from childhood. For he associated mostly with sorcerers and those who busy themselves with the stars, and, being an extraordinarily zealous pursuer of love affairs with other men's wives, he conducted himself in a most indecent manner, although he was married to a woman of exceptional beauty. And not only was this true, but he also failed to recover for the empire anything of what had been wrested from it before, and he both lost Libya in addition to the territory previously lost and was himself destroyed. And when he perished, it fell to the lot of his wife and children to become captives. Now the disaster in Libya came about as follows.

There were two Roman generals, Aetius and Bonifacius, especially valiant men and in experience of many wars inferior to none of that time at least. These two came to be at variance in regard to matters of state, but they attained to such a degree of high-mindedness and excellence in every respect that if one should call either of them "the last of the Romans" he would not err, so true was it that all the excellent qualities of the Romans were summed up in these two men. One of these, Bonifacius, was appointed by Placidia general of all Libya. Now, this was not in accord with the wishes of Aetius, but he by no means disclosed the fact that it did not please him. For their hostility had not as yet come to light, but was concealed behind the countenance of each.

But when Bonifacius had got out of the way, Aetius slandered him to Placidia, saying that he was setting up a tyranny and had robbed her and the emperor of all Libya, and he said that it was very easy for her to find out the truth; for if she should summon Bonifacius to Rome, he would never come. And when the woman heard this, Aetius seemed to her to speak well and she acted accordingly. But Aetius, anticipating her, wrote to Bonifacius secretly that the mother of the emperor was plotting against him and wished to put him out of the way. And he predicted to him that there would be convincing proof of the plot; for he would be summoned very shortly for no reason at all. Such was the announcement of the letter. And Bonifacius did not disregard the message, for as soon as those arrived who were summoning him to the emperor, he refused to give heed to the emperor and his mother, disclosing to no one the warning of Aetius. So when Placidia heard this, she thought that Aetius was exceedingly well-disposed towards the emperor's cause and took under consideration the question of Bonifacius.

But Bonifacius, since it did not seem to him that he was able to array himself against the emperor, and since if he returned to Rome there was clearly no safety for him, began to lay plans so that, if possible, he might have a defensive alliance with the Vandals, who, as previously stated, had established themselves in Hispania not far from Libya. There Godigliscus had died and the royal power had fallen to his sons, Gontharis, who was born to him from his wedded wife, and Gaiseric, of illegitimate birth. But the former was still a child and not of very energetic temper, while Gaiseric had been excellently trained in warfare, and was the cleverest of all men. Bonifacius accordingly sent to Hispania those who were his own most intimate friends and gained the adherence of each of the sons of Godigisclus on terms of complete equality, it being agreed that each one of the three, holding a third part of Libya, should rule over his own subjects; but if a foe should come against any one of them to make war, that they should in common ward off the aggressors. On the basis of this agreement the Vandals crossed the strait at Gades [modern Cadíz] and came into Libya, and the Visigoths in later times settled in Hispania.

But in Rome the friends of Bonifacius, remembering the character of the man and considering how strange his action was, were greatly astonished to think that Bonifacius was setting up a tyranny, and some of them at the order of Placidia went to Carthage. There they met Bonifacius and saw the letter of Aetius, and after hearing the whole story they returned to Rome as quickly as they could and reported to Placidia how Bonifacius stood in relation to her. And though the woman was dumbfounded, she did nothing unpleasant to Aetius nor did she upbraid him for what he had done to the emperor's house, for he himself wielded great power and the affairs of the empire were already in an evil plight; but she disclosed to the friends of Bonifacius the advice Aetius had given, and, offering oaths and pledges of safety, entreated them to persuade the man, if they could, to return to his fatherland and not to permit the empire of the Romans to lie under the hand of barbarians.

And when Bonifacius heard this, he repented of his act and of his agreement with the barbarians, and he besought them incessantly, promising them everything, to remove from Libya. But since they did not receive his words with favor, but considered that they were being insulted, he was compelled to fight with them, and being defeated in battle, he retired to Hippo Regius [modern Bona], a strong city in the portion of Numidia that is on the sea. There the Vandals made camp under the leadership of Gaiseric and began a siege; for Gontharis had already died. And they say that he perished at the hand of his brother. The Vandals, however, do not agree with those who make this statement, but say that Gontharis was captured in battle by Germans in Hispania and impaled, and that Gaiseric was already sole ruler when he led the Vandals into Libya. This, indeed, I have heard from the Vandals, stated in this way. But after much time had passed by, since they were unable to secure Hippo Regius either by force or by surrender, and since at the same time they were being pressed by hunger, they raised the siege. And a little later Bonifacius and the Romans in Libya, since a numerous army had come from both Rome and Byzantium and Aspar with them as general, decided to renew the struggle, and a fierce battle was fought in which they were badly beaten by the enemy, and they made haste to flee as each one could. And Aspar betook himself homeward, and Bonifacius, coming before Placidia, acquitted himself of the suspicion, showing that it had arisen against him for no true cause.

So the Vandals, having wrested Libya from the Romans in this way, made it their own. And those of the enemy whom they took alive they reduced to slavery and held under guard. Among these happened to be Marcian, who later upon the death of Theodosius assumed the imperial power. At that time, however, Gaiseric commanded that the captives be brought into the king's courtyard, in order that it might be possible for him, by looking at them, to know what master each of them might serve without degradation. And when they were gathered under the open sky, about midday, the season being summer, they were distressed by the sun and sat down. And somewhere or other among them Marcian, quite neglected, was sleeping. Then an eagle flew over him spreading out his wings, as they say, and always remaining in the same place in the air he cast a shadow over Marcian alone. And Gaiseric, upon seeing from the upper storey what was happening, since he was an exceedingly discerning person, suspected that the thing was a divine manifestation, and summoning the man enquired of him who he might be. And he replied that he was a confidential adviser of Aspar; such a person the Romans call a "domesticus" in their own tongue. And when Gaiseric heard this and considered first the meaning of the bird's action, and then remembered how great power Aspar exercised in Byzantium, it became evident to him that the man was being led to royal power. He therefore by no means deemed it right to kill him, reasoning that, if he should remove him from the world, it would be very clear that the thing which the bird had done was nothing (for he would not honor with his shadow a king who was about to die straightaway), and he felt, too, that he would be killing him for no good cause; and if, on the other hand, it was fated that in later times the man should become king, it would never be within his power to inflict death upon him; for that which has been decided upon by God could never be prevented by a man's decision. But he bound Marcian by oaths that, if it should be in his power, he would never take up arms against the Vandals at least. Thus, then, Marcian was released and came to Byzantium, and when at a later time Theodosius died he received the empire. And in all other respects he proved himself a good emperor [reigned 450-457 CE], but he paid no attention at all to affairs in Libya. But this happened in later times.

At that time Gaiseric, after conquering Aspar and Bonifacius in battle, displayed a foresight worth recounting, whereby he made his good fortune most thoroughly secure. For fearing lest, if once again an army should come against him from both Rome and Byzantium, the Vandals might not be able to use the same strength and enjoy the same fortune (since human affairs are wont to be overturned by Heaven and to fail by reason of the weakness of men's bodies), he was not lifted up by the good fortune he had enjoyed, but rather became moderate because of what he feared, and so he made a treaty with the Emperor Valentinian providing that each year he should pay to the emperor tribute from Libya, and he delivered over one of his sons, Huneric, as a hostage to make this agreement binding. So Gaiseric both showed himself a brave man in the battle and guarded the victory as securely as possible, and, since the friendship between the two people increased greatly, he received back his son Huneric. And at Rome Placidia had died before this time, and after her, Valentinian, her son, also died, having no male offspring, but two daughters had been born to him from Eudoxia, the child of Theodosius. And I shall now relate in what manner Valentinian died.

There was a certain Maximus [Petronius Maximus, reigned 455 CE], a Roman senator, of the house of that Maximus [Emperor in Gaul, Britain, and Spain 383-388] who, while usurping the imperial power, was overthrown by the elder Theodosius [Theodosius I] and put to death, and on whose account also the Romans celebrate the annual festival named from the defeat of Maximus. This younger Maximus was married to a woman discreet in her ways and exceedingly famous for her beauty. For this reason a desire came over Valentinian to have her to wife. And since it was impossible, much as he wished it, to meet her, he plotted an unholy deed and carried it to fulfillment. For he summoned Maximus to the palace and sat down with him to a game of draughts, and a certain sum was set as a penalty for the loser; and the emperor won in this game, and receiving Maximus' ring as a pledge for the agreed amount, he sent it to his house, instructing the messenger to tell the wife of Maximus that her husband bade her come as quickly as possible to the palace to salute the queen Eudoxia. And she, judging by the ring that the message was from Maximus, entered her litter and was conveyed to the emperor's court. And she was received by those who had been assigned this service by the emperor, and led into a certain room far removed from the women's apartments, where Valentinian met her and raped her, much against her will. And she, after the outrage, went to her husband's house weeping and feeling the deepest possible grief because of her misfortune, and she cast many curses upon Maximus as having provided the cause for what had been done.

Maximus, accordingly, became exceedingly aggrieved at that which had come to pass, and straightway entered into a conspiracy against the emperor; but when he saw that Aetius was exceedingly powerful, for he had recently conquered Attila [at the Battle of Chalôns in 451 CE], who had invaded the Roman domain with a great army of Massagetae [i.e., Huns] and the other Scythians, the thought occurred to him that Aetius would be in the way of his undertaking. And upon considering this matter, it seemed to him that it was the first, paying no heed to the fact that the whole hope of the Romans centered in him. And since the eunuchs who were in attendance upon the emperor were well-disposed toward him, he persuaded the emperor by their devices that Aetius was setting on foot a revolution. And Valentinian, judging by nothing else than the power and valor of Aetius that the report was true, put the man to death [September 21, 454 CE]. Whereupon a certain Roman made himself famous by a saying which he uttered. For when the emperor enquired of him whether he had done well in putting Aetius to death, he replied saying that, as to this matter, he was not able to know whether he had done well or perhaps otherwise, but one thing he understood exceedingly well, that he had cut off his own right hand with the other.

Later on Maximus slew the emperor with no trouble and secured the tyranny [455 CE], and he married Eudoxia by force. For the wife to whom he had been wedded had died not long before. And on one occasion in private he made the statement to Eudoxia that it was all for the sake of her love that he had carried out all that he had done. And since she felt a repulsion for Maximus even before that time, and had been desirous of exacting vengeance from him for the wrong done Valentinian, his words made her swell with rage still more against him, and led her on to carry out her plot, since she had heard Maximus say that on account of her the misfortune had befallen her husband. And as soon as day came, she sent to Carthage entreating Gaiseric to avenge Valentinian, who had been destroyed by an unholy man, in a manner unworthy both of himself and of his imperial station, and to deliver her, since she was suffering unholy treatment at the hand of the tyrant. And she impressed it upon Gaiseric that, since he was a friend and ally and so great a calamity had befallen the imperial house, it was not a holy thing to fail to become an avenger. For from Byzantium she thought no vengeance would come, since Theodosius had already departed from the world and Marcian had taken over the empire [March 17, 455 CE].

And Gaiseric, for no other reason than that he suspected that much money would come to him, set sail for Italy with a great fleet. And going up to Rome, since no one stood in his way, he took possession of the palace. Now while Maximus was trying to flee, the Romans threw stones at him and killed him, and they cut off his head and each of his other members and divided them among themselves. But Gaiseric took Eudoxia captive, together with Eudocia and Placidia, the children of herself and Valentinian, and placing an exceedingly great amount of gold and other imperial treasure in his ships sailed to Carthage, having spared neither bronze nor anything else whatsoever in the palace. He plundered also the temple of Jupiter Capitolinus, and tore off half of the roof. Now this roof was of bronze of the finest quality, and since gold was laid over it exceedingly thick, it shone as a magnificent and wonderful spectacle. But of the ships with Gaiseric, one, which was bearing the statutes, was lost, they say, but with all the others the Vandals reached port in the harbor of Carthage. Gaiseric then married Eudocia to Huneric, the elder of his sons; but the other of the two women, being the wife of Olybrius, a most distinguished man in the Roman senate, he sent to Byzantium together with her mother, Eudoxia, at the request of the emperor. Now the power of the East had fallen to Leo [Leo I, reigned 457-474 CE], who had been set in this position by Aspar, since Marcian had already passed from the world.

Afterwards Gaiseric devised the following scheme. He tore down the walls of all the cities in Libya except Carthage, so that neither the Libyans themselves, espousing the cause of the Romans, might have a strong base from which to begin a rebellion, nor those sent by the emperor have any ground for hoping to capture a city and by establishing a garrison in it to make trouble for the Vandals. Now at that time it seemed that he had counseled well and had ensured prosperity for the Vandals in the safest possible manner; but in later times when these cities, being without walls, were captured by Belisarius all the more easily and with less exertion, Gaiseric was then condemned to suffer much ridicule, and that which for the time he considered wise counsel turned out for him to be folly. For as fortunes change, men are always accustomed to change with them their judgments regarding what had been planned in the past. And among the Libyans all who happened to be men of note and conspicuous for their wealth he handed over as slaves, together with their estates and all their money, to his sons Huneric and Genzon. For Theodorus, the youngest son, had died already, being altogether without offspring, either male or female. And he robbed the rest of the Libyans of their estates, which were both very numerous and excellent, and distributed them among the nations of the Vandals, and as a result of this these lands have been called "Vandals' estates" up to the present time.

And it fell to the lot of those who had formerly possessed these lands to be in extreme poverty and to be at the same time free men; and they had the privilege of going away wheresoever they wished. And Gaiseric commanded that all the lands which he had given over to his sons and to the other Vandals should not be subject to any kind of taxation. But as much of the land as did not seem to him good he allowed to remain in the hands of the former owners, but assessed so large a sum to be paid on this land for taxes to the government that nothing whatever remained to those who retained their farms. And many of them were constantly being sent into exile or killed. For charges were brought against them of many sorts, and heavy ones too; but one charge seemed to be the greatest of all, that a man, having money of his own, was hiding it. Thus the Libyans were visited with every form of misfortune.

The Vandals and the Alans he arranged in companies, appointing over them no less than eighty captains, whom he called "chiliarchs" [i.e., "leaders of a thousand"], making it appear that his host of fighting men in active service amounted to eighty thousand. And yet the number of the Vandals and Alans was said in former times, at least, to amount to no more than fifty thousand men. However, after that time by their natural increase among themselves and by associating other barbarians with them they came to be an exceedingly numerous people. But the names of the Alans and all the other barbarians, except the Mauretanii, were united in the name of Vandals. At that time, after the death of Valentinian, Gaiseric gained the support of the Mauretanii, and every year at the beginning of spring he made invasions into Sicily and Italy, enslaving some of the cities, razing others to the ground, and plundering everything; and when the land had become destitute of men and of money, he invaded the domain of the emperor of the East. And so he plundered Illyricum and the most of the Peloponnesus and of the rest of Greece and all the islands which lie near it. And again he went off to Sicily and Italy, and kept plundering and pillaging all places in turn. And one day when he had embarked on his ship in the harbor of Carthage, and the sails were already being spread, the pilot asked him, they say, against what men in the world he bade them go. And he in reply said: "Plainly against those with whom God is angry." Thus without any cause he kept making invasions wherever chance might lead him.

And the Emperor Leo, wishing to punish the Vandals because of these things, was gathering an army against them; and they say that this army amounted to about one hundred thousand men. And he collected a fleet of ships from the whole of the eastern Mediterranean, showing real generosity to both soldiers and sailors, for he feared lest from a parsimonious policy some obstacle might arise to hinder him in his desire to carry out his punishment of the barbarians. Therefore, they say, thirteen hundred centenaria were expended by him to no purpose. But since it was not fated that the Vandals should be destroyed by this expedition, he made Basiliscus commander-in-chief, the brother of his wife Berine, a man who was extraordinarily desirous of the royal power, which he hoped would come to him without a struggle if he won the friendship of Aspar. For Aspar himself, being an adherent of the Arian faith, and having no intention of changing it for another, was unable to enter upon the imperial office, but he was easily strong enough to establish another in it, and it already seemed likely that he would plot against the Emperor Leo, who had given him offence. So they say that since Aspar was then fearful lest, if the Vandals were defeated, Leo should establish his power most securely, he repeatedly urged upon Basiliscus that he should spare the Vandals and Gaiseric.

Now before this time [468 CE.] Leo had already appointed and sent Anthemius as Emperor of the West [reigned 467-472 CE], a man of the senate of great wealth and high birth, in order that he might assist him in the Vandalic war. And yet Gaiseric kept asking and earnestly entreating that the imperial power be given to Olybrius, who was married to Placidia, the daughter of Valentinian [III], and on account of his relationship [his son-in-law] well-disposed toward him, and when he failed in this he was still more angry and kept plundering the whole land of the emperor. Now there was in Dalmatia a certain Marcellianus, one of the acquaintances of Aetius and a man of repute, who, after Aetius had died in the manner told above [III.iv.27], no longer deigned to yield obedience to the emperor, but beginning a revolution and detaching all the others from allegiance, held the power of Dalmatia himself, since no one dared encounter him. But the Emperor Leo at that time won over Marcellianus by very careful wheedling, and bade him go to the island of Sardinia, which was then subject to the Vandals. And he drove out the Vandals and gained possession of it with no great difficulty. And Heracleius was sent from Byzantium to Tripolis in Libya, and after conquering the Vandals of that district in battle, he easily captured the cities, and leaving his ships there, led his army on foot toward Carthage. Such, then, was the sequence of events which formed the prelude of the war.

But Basiliscus with his whole fleet put in at a town distant from Carthage no less than two hundred and eighty stades (now it so happened that a temple of Hermes had been there from of old, from which fact the place was named Mercurium; for the Romans called Hermes "Mercurius"), and if he had not purposely played the coward and hesitated, but had undertaken to go straight for Carthage, he would have captured it at the first onset, and he would have reduced the Vandals to subjection without their even thinking of resistance; so overcome was Gaiseric with awe of Leo as an invincible emperor, when the report was brought to him that Sardinia and Tripolis and been captured, and he saw the fleet of Basiliscus to be such as the Romans were said never to have had before. But, as it was, the general's hesitation, whether caused by cowardice or treachery, prevented this success. And Gaiseric, profiting by the negligence of Basiliscus, did as follows. Arming all his subjects in the best way he could, he filled his ships, but not all, for some he kept in readiness empty, and they were the ships which sailed most swiftly. And sending envoys to Basiliscus, he begged him to defer the war for the space of five days, in order that in meantime he might take counsel ad do those things which were especially desired by the emperor. They say, too, that he sent also a great amount of gold without the knowledge of the army of Basiliscus and thus purchased this armistice. And he did this, thinking, as actually did happen, that a favoring wind would rise for him during this time. And Basiliscus, either as doing a favor to Asper in accordance with what he had promised, or selling the moment of opportunity for money, or perhaps thinking it the better course, did as he was requested and remained quietly in the camp, awaiting the moment favorable to the enemy.

But the Vandals, as soon as the wind had arisen for them which they had been expecting during the time they lay at rest, raised their sails and, taking in tow the boats which, as has been stated above, they had made ready with no men in them, they sailed against the enemy. And when they came near, they set fire to the boats which they were towing, when their sails were bellied by the wind, and let them go against the Roman fleet. And since there were a great number of ships there, these boats easily spread fire wherever they struck, and were themselves readily destroyed together with those with which they came in contact. And as the fire advanced in this way the Roman fleet was filled with tumult, as was natural, and with a great din that rivaled the noise caused by the wind and the roaring of the flames, as the soldiers together with the sailors shouted orders to one another and pushed off with their poles the fire-boats and their own ships as well, which were being destroyed by one another in complete disorder. And already the Vandals too were at hand ramming and sinking the ships, and making booty of such of the soldiers as attempted to escape, and of their arms as well. But there were also some of the Romans who proved themselves brave men in this struggle, and most of all John, who was a general under Basiliscus and who had no share whatever in his treason. For a great throng having surrounded his ship, he stood on the deck, and turning from side to side kept killing very great numbers of the enemy from there, and when he perceived that the ship was being captured, he leaped with his whole equipment of arms from the deck into the sea. And though Genzon, the son of Gaiseric, entreated him earnestly not to do this, offering pledges and holding out promises of safety, he nevertheless threw himself into the sea, uttering this one word, that John would never come under the hands of dogs.

So this war came to an end, and Heracleius departed for home; for Marcellianus had been destroyed treacherously by one of his fellow-officers. And Basiliscus, coming to Byzantium, seated himself as a suppliant in the sanctuary of Christ the Great God, and although, by the intercession of Berine, the queen, he escaped this danger, he was not able at that time to reach the throne, the thing for the sake of which everything had been done by him. For the Emperor Leo not long afterwards destroyed both Aspar and Ardaburius in the palace, because he suspected that they were plotting against his life [471 CE]. Thus, then, did these events take place.

Now Anthemius, the emperor of the West, died at the hand of his son-in-law Ricimer [August 11, 472 CE], and Olybrius, succeeding to the throne, a short time afterward suffered the same fate. And when Leo also had died in Byzantium [October 10, 472 CE], the imperial office was taken over by the younger Leo [Leo II], the son of Zeno and Ariadne, the daughter of Leo I, while he was still only a few days old. And his father [Zeno, reigned 474-491 CE] having been chosen as partner in the royal power, the child forthwith passed from the world. Majorinus also deserves mention, who had gained the power of the West before this time [reigned 456-461 CE]. For this Majorinus, who surpassed in every virtue all who have ever been emperors of the Romans, did not bear lightly the loss of Libya, but collected a very considerable army against the Vandals and came to Liguria, intending himself to lead the army against the enemy. For Majorinus never showed the least hesitation before any task and least of all before the dangers of war. But thinking it not inexpedient for him to investigate first the strength of the Vandals and the character of Gaiseric and to discover how the Mauretanii and the Libyans stood with regard to friendship or hostility toward the Romans, he decided to trust no eyes other than his own in such a matter.

Accordingly he set out as if an envoy from the emperor to Gaiseric, assuming some fictitious name. And fearing lest, by becoming known, he should himself receive some harm and at the same time prevent the success of the enterprise, he devised the following scheme. His hair, which was famous among all men as being so fair as to resemble pure gold, he anointed with some kind of dye, which was especially invented for this purpose, and so succeeded completely in changing it for the time to a dark hue. And when he came before Gaiseric, the barbarian attempted in many ways to terrify him, and, in particular, while treating him with engaging attention, as if a friend, he brought him into the house where all his weapons were stored, a numerous and exceedingly noteworthy array. Thereupon they say that the weapons shook of their own accord and gave forth a sound of no ordinary or casual sort, and then it seemed to Gaiseric that there had been an earthquake, but when he got outside and made enquiries concerning the earthquake, since no one else agreed with him, a great wonder, they say, come over him, but he was not able to comprehend the meaning of what had happened.

So Majorinus, having accomplished the very things he wished, returned to Liguria, and, leading his army on foot, came to the Pillars of Hercules, purposing to cross over the strait at that point, and then to march by land from there against Carthage. And when Gaiseric became aware of this, and perceived he had been tricked by Majorinus in the matter of the embassy, he became alarmed and made his preparations for war. And the Romans, basing their confidence on the valor of Majorinus, already began to have fair hopes of recovering Libya for the empire. But meantime Majorinus was attacked by the disease of dysentery and died [461 CE], a man who had shown himself moderate toward his subjects, and an object of fear to his enemies.

And another emperor, Nepos, upon taking over the empire [July 24, 474 CE], living to enjoy it only a few days, died of disease, and Glycerius after him entered into this office and suffered a similar fate [474-475 CE]. And after him Augustus [Romulus Augustulus, 475-476 CE] assumed the imperial power. There were, moreover, still other emperors in the West before this time, but though I know their names well, I shall make no mention of them whatever. For it so fell out that they lived only a short time after attaining the office, and as a result of this accomplished nothing worthy of mention. Such was the course of events in the west.

But in Byzantium Basiliscus, being no longer able to master his passion for royal power, made an attempt to usurp the throne, and succeeded without difficulty, since Zeno, together with his wife, sought refuge in Isauria, which was his native home. And while he was maintaining his tyranny for a year and eight months he was detested by practically everyone and in particular by the soldiers of the court on account of the greatness of his avarice. And Zeno, perceiving this, collected an army and came against him. And Basiliscus sent an army under the general Harmatus in order to array himself against Zeno. But when they had made camp near one another, Harmatus surrendered his army to Zeno, on the condition that Zeno should appoint as Caesar Harmatus' son Basiliscus, who was a very young child, and leave him as successor to the throne upon his death. And Basiliscus, deserted by all, fled for refuge to the same sanctuary as formerly. And Acacius, the priest of the city, put him into the hands of Zeno, charging him with impiety and with having brought great confusion and many innovations into the Christian doctrine, having inclined toward the heresy of Eutyches. And this was so. And after Zeno had thus taken over the empire a second time, he carried out his pledge to Harmatus formally by appointing his son Basiliscus Caesar, but not long afterwards he stripped him of the office and put Harmatus to death. And he sent Basiliscus together with his children and his wife into Cappadocia in the winter season, commanding that they should be destitute of food and clothes and every kind of care. And there, being hard pressed by both cold and hunger, they took refuge in one another's arms, and embracing their loved ones, perished. And this punishment overtook Basiliscus for the policy he had pursued. These things, however, happened in later times.

But at that time Gaiseric was plundering the whole Roman domain just as much as before, if not more, circumventing his enemy by craft and driving them out of their possessions by force, as has been previously said, and he continued to do so until the emperor Zeno came to an agreement with him and an endless peace was established between them, by which it was provided that the Vandals should never in all time perform any hostile act against the Romans nor suffer such a thing at their hands. And this peace was preserved by Zeno himself and also by his successor in the empire, Anastasius. And it remained in force until the time of the emperor Justinus. But Justinian, who was the nephew of Justinus, succeeded him in the imperial power, and it was in the reign of this Justinian that the war with which we are concerned came to pass, in the manner which will be told in the following narrative.

Gaiseric, after living on a short time, died at an advanced age, having made a will in which he enjoined many things upon the Vandals and in particular that the royal power among them should always fall to that one who should be the first in years among all the male offspring descended from Gaiseric himself. So Gaiseric, having ruled over the Vandals thirty-nine years from the time when he captured Carthage, died, as I have said [477 CE]

From Halsall's internet history sourcebook: http://www.fordham.edu/halsall/ancient/procopius-vandals.html

Today's Post

Rome's 12 Tables...


The Twelve Tables

Introduction
Duodecim Tabularum. Tradition tells us that the code was composed by a commission, first of ten and then of twelve men, in 451-450 B.C., was ratifed by the Centuriate Assembly in 449 B.C., was engraved on twelve tablets (whence the title), which were attached to the Rostra before the Curia in the Forum of Rome.

Table I. Proceedings Preliminary to Trial
1. If the plaintiff summons the defendant to court the defendant shall go. If the defendant does not go the plaintiff shall call a witness thereto. Only then the plaintiff shall seize the defendant.

2. If the defendant attempts evasion or takes flight the plaintiff shall lay hand on him.

3. If sickness or age is an impediment he who summons the defendant to court shall grant him a vehicle. If he a does not wish he shall not spread a carriage with cushions.

4. For a freeholder' a freeholder shall be surety; for a proletary anyone who wishes shall be surety.

5. There shall be the same right of bond and of conveyance with the Roman people for a steadfast person and for a person restored to allegiance.

6. When the parties agree on the matter the magistrate shall announce it.

7. If they agree not on terms the parties shall state their case before the assembly in the meeting place or before the magistrate in the market place before noon. Both parties being present shall plead the case throughout together.

8. If one of the parties does not appear the magistrate shall adjudge the case, after noon, in favor of the one present.

9. If both parties are present sunset shall be the time limit of the proceedings.

10. … sureties … subsureties … with platter and loincloth ...

Table II. Trial
1a. The penal sum in an action by solemn deposit shall be either 500 asses or 50 asses ... It shall be argued by solemn deposit with 500 asses, when the property is valued at 1,000 asses or more, but with 50 asses, when the property is valued at less than 1,000 asses. But if the controversy is about the freedom of a person, although the person may be very valuable, yet the case shall be argued by a solemn deposit of 50 asses. ...

1b. An action by demand for a judex ... concerning that which is claimed in accordance with a stipulation ... concerning division of an inheritance among joint heirs.

2. ... a serious sickness ... or a day appointed for the hearing of a case with an alien ... If any of these circumstances is an impediment for the judex or for the arbiter or for either litigant, on that account the day of trial shall be postponed.

3. Whoever needs evidence shall go every third day to shout before the doorway.

Table III. Execution of Judgment
1. Thirty days shall be allowed by law for payment of confessed debt and for settlement of matters adjudged in court.

2. After this time the creditor shall have the right of laying hand on the debtor. The creditor shall hale the debtor into court.

3. Unless the debtor discharges the debt adjudged or unless someone offers surety for him in court the creditor shall take the debtor with him. He shall bind him either with a thong or with fetters of not less than fifteen pounds in weight, or if he wishes he shall bind him with fetters of more than this weight.

4. If the debtor wishes he shall live on his own means." If he does not live on his own means the creditor who holds him in bonds shall give him a pound of grits daily. If he wishes he shall give him more.

5. ... Meanwhile they shall have the right to compromise, and unless they make a compromise the debtors shall be held in bonds for sixty days. During these days they shall be brought to the praetor" into the meeting place on three successive market days, and the amount for which they have been judged liable shall be declared publicly. Moreover, on the third market day they shall suffer capital punishment or shall be delivered for sale abroad across the Tiber River.

6. On the third market day the creditors shall cut shares. If they have cut more or less than their shares it shall be without prejudice.

Table IV. Paternal Power
1. A notably deformed child shall be killed immediately.

2a. To a father ...shall be given over a son the power of life and death.

2b. If a father thrice surrenders a son for sale the son shall be free from the father.

3. To repudiate his wife her husband shall order her... to have her own property for herself, shall take the keys, shall expel her.

4. A child born within ten months of the father's death shall enter into the inheritance ...

Table V. Inheritance and Guardianship
1. ...Women, even though they are of full age, because of their levity of mind shall be under guardianship ... except vestal virgins, who … shall be free from guardianship ...

2. The conveyable possessions of a woman who is under guardianship of male agnates shall not be acquired by prescriptive right unless they are transferred by herself with the authorization of her guardian ...

3. According as a person has made bequest regarding his personal property or the guardianship of his estate so shall be the law.

4. If anyone who has no direct heir dies nearest male agnate shall have the estate.

5. If there is not a male agnate the male clansmen shall have the estate.

6. Persons for whom by will ... a guardian is not given, for them ... their male agnates shall be guardians. If a person is insane authority over him and his personal property shall belong to his male agnates and in default of these to his male clansmen.

7b. ... but if there is not a guardian for him ...

7c. ... Administration of his own goods shall be forbidden to a spendthrift. ... A spendthrift, who is forbidden from administering his own goods, shall be ... under guardianship of his male agnates.

8. If a Roman citizen freedman dies intestate without a direct heir, to his patron shall fall the inheritance ...said household ... into said household.

9. Those items that are in the category of accounts due to the deceased ...shall be divided among the heirs by ordinary operation of law in proportion to their shares of the inheritance. ... Debts of the estate of a deceased shall be divided, according to law, among the heirs, proportionately to the share of the inheritance that each acquires.

10. ...Action for division of an estate shall be available for joint heirs wishing to withdraw from common and equal participation ...

Table VI. Ownership and Possession
1. When a person makes bond and conveyance, according as he specified with his tongue so shall be the law.

2. It shall be sufficient to make good those faults that have been named by his tongue, while for those flaws that he has denied expressly, when questioned about them. vendor shall undergo a penalty of double damages ...

3. Warranty of prescriptive right in land shall be two years to acquire ownership. ... Of all other things, prescriptive right shall be for one year to acquire ownership.

4. Against an alien a warranty of ownership or prescriptive right shall be valid forever.

5. ... If any woman is unwilling to be subjected in this manner to her husband's marital control she shall absent herself for three successive nights in every year and by this means shall interrupt his prescriptive right of each year.

6a. If the parties join their hands on the disputed property when pleading in court ...

6b. Both conveyance and surrender in court … shall be confirmed.

7. ... Interim possession shall be granted in favor of liberty.

8. One shall not take from framework timber fixed in buildings or in vineyard ... One shall be permitted neither to remove nor to claim stolen timber fixed in buildings or in vineyards, ... but against the person who is convicted of having fixed such timber there an action for double damages shall be given.

9. ... Whenever the vines are pruned, until the timbers removed ...

Table VII. Real Property
1. ... Clearance shall be two and one-half feet ...

2. ... in an action for regulating boundaries ...

3a. ... inclosure... inherited plot...

3b. ... cottages ...

4. Ownership by prescriptive right ...shall not be within five feet.

5a. If they disagree ...

5b. ... Three arbiters shall regulate boundaries ...

6. The width of a road .... shall be eight feet on a straight stretch, on a bend .... sixteen feet.

7. They shall build and repair the road: unless they keep it free from stones one shall drive one's beast or marriage where one wishes.

8a. If rain water damages ...

8b. If a watercourse conducted through a public place does damage to a private person the said person shall have the right to bring an action ... that security against damage may be given to the owner.

9a. . . . Branches of a tree shall be pruned all around to a height of fifteen feet.

9b. If a tree from a neighbor's farm has been felled by the wind over one's farm, ... one rightfully can take legal action for that tree to be removed.

10. ... It shall be lawful to gather fruit falling upon another's farm.

11. Articles sold ... and delivered shall not be acquired by the purchaser, unless he pays the price to the seller or in some other way satisfies the seller, as, for example, by giving a surety or a pledge ...

12. A slave is ordered in a will to be a free man under this condition: "if he has given 10,000 asses to the heir"; although the slave has been alienated by the heir, yet the slave by giving the said money to the buyer shall enter into his freedom..

Table VIII. Torts or Delicts
1a. Whoever enchants by singing an evil incantation ...

1b. ... If anyone sings or composes an incantation that can cause dishonor or disgrace to another ... he shall suffer a capital penalty.

2. If anyone has broken another's limb there shall be retaliation in kind unless he compounds for compensation with him.

3. ... If a person breaks a bone of a freeman with hand or by club, he shall undergo a penalty of 300 asses; or of 150 asses, if of a slave.

4. If one commits an outrage against another the penalty shall be twenty-five asses.

5. ... One has broken ... One shall make amends.

6. If a quadruped is said to have caused damage an action shall lie therefor ... either for surrendering that which did the damage to the aggrieved person ... or for offering an assessment of the damage.

7. If fruit from your tree falls onto my farm and if I feed my flock off it by letting the flock onto it. .. . no action can lie against me either on the statute concerning pasturage of a flock, because it is not being pastured on your land, or on the statute concerning damage caused by an animal ...

8a. Whoever enchants away crops ...

8b. ... Nor shall one lure away another's grain ...

9. If anyone pastures on or cuts by night another's crops obtained by cultivation the penalty for an adult shall be capital punishment and, after having been hung up, death as a sacrifice to Ceres ... A person below the age of puberty at the praetor's decision shall be scourged and shall be judged as a. person either to be surrendered to the plaintiff for damage done or to pay double damages.

10. Whoever destroys by burning a building or a stack of grain placed beside a house ..., shall be bound, scourged, burned to death, provided that knowingly and consciously he has committed this crime; but if this deed is by accident, that is, by negligence, either he shall repair the damage or if he is unable he shall be corporally punished more lightly.

11. Whoever fells unjustly another's trees shall pay twenty-five asses for each tree.

12. If a thief commits a theft by night, if the owner kills the thief, the thief shall be killed lawfully.

13. By daylight ... if a thief defends himself with a weapon ... and the owner shall shout.

14. In the case of all other ... thieves caught in the act freemen shall be scourged and shall be adjudged as bondsmen to the person against whom the theft has been committed provided that they have done this by daylight and have not defended themselves with a weapon; slaves caught in the act of theft ..., shall be whipped with scourges and shall be thrown from the rock; but children below the age of puberty shall be scourged at the praetor's decision and the damage done by them shall be repaired.

15a. The penalty for detected and planted theft shall be triple damages.

15b. ... by platter and by loincloth ...

16. If a person prosecutes for theft which is not of the type wherein the thief is caught in the act ... the thief shall settle the loss by paying double damages.

17. Title to a stolen article ... shall not be acquired by prescriptive right.

18a. ... No person shall practice usury at a rate of more than one twelfths.

18b. ... A thief shall be condemned for double damages and a usurer for quadruple damages.

19. From a suit about an article deposited ..., an action for double damages shall be given.

20a. If guardians are suspect in their administration there shall be the right to accuse them as such ...

20b. If ... guardians steal a ward's property ... there shall be an action ... against a guardian for double damages; each guardian shall be held for the entire sum.

21. If a patron defrauds a client he shall be accursed.

22. Unless he speaks his testimony whoever allows him self to be called as a witness or is a scales-bearer shall be dishonored and incompetent to give or obtain testimony.

23. ... Whoever is convicted of speaking false witness shall be flung from the Tarpeian Rock.

24a. If a weapon has sped accidentally from one's hand, rather than if one has aimed and hurled it, to atone for the deed a ram is substituted as a peace offering to prevent blood revenge.

24b. If anyone pastures on or cuts stealthily by night ... another's crops ... the penalty shall be capital punishment, and, after having been hung up, death as a sacrifice to Ceres, a punishment more severe than in homicide.

25. ... for administering a drug.

26. ... No person shall hold nocturnal meetings in the city.

27. These guild members shall have the power ... to make for themselves any rule that they may wish provided that they impair no part of the public law.

Table IX. Public Law
1-2. Laws of personal exception shall not be proposed. Laws concerning capital punishment of a citizen shall not be passed ... except by the Greatest Assembly ...

3. A judex or an arbiter legally appointed who has been convicted of receiving money for declaring a decision shall be punished capitally.

4. ... the investigators of murder ... who have charge

5. Whoever incites a public enemy or whoever betrays a citizen to a public enemy shall be punished capitally.

6. For anyone whomsoever to be put to death without a trial and unconvicted ... is forbidden.

Table X. Sacred Law
1. A dead person shall not be buried or burned in the city.

2. ... More than this one shall not do: one shall not smooth a funeral pyre with an ax.

3. ... Expenses of a funeral shall be limited to three mourners wearing veils and one mourner wearing an inexpensive purple tunic and ten flutists . ...

4. Women shall not tear their cheeks or shall not make a sorrowful outcry on account of a funeral.

5a. A dead person's bones shall not be collected that one may make a second funeral.

5b. An exception is for death in battle and on foreign soil.

6a. ... Anointing by slaves is abolished and every kind of drinking bout ... there shall be no costly sprinkling, no long garlands, no incense boxes ...

6b. ... A myrrh-spiced drink ... shall not be poured on a dead person.

7. Whoever wins a crown himself or by his property, by honor, or by valor, the crown is bestowed on him at his burial ...

8. ... Nor gold shall be added to a corpse. But if any one buries or burns a corpse that has gold dental work it shall be without prejudice.

9. It is forbidden ... to build a new pyre or a burning mound nearer than sixty feet to another's building without the owner's consent.

10. It is forbidden to acquire by prescriptive right a vestibule of a sepulcher or a burning mound.

Table XI. Supplementary Laws
1. ... There shall not be intermarriage between plebeians and patricians ...

2. ... regulations concerning intercalation ...

3. ... regulations concerning days permissible for official legal action.

Table XII. Supplementary Laws
1. ... There shall be introduced a seizure of pledge against a person who buys an animal for sacrifice and does not pay the price; likewise against a person who does not make payment for that animal which anyone lets to him for this purpose, that the lessor may spend money received therefrom on a sacred banquet, that is, on a sacrifice.

2a. If a slave commits a theft or does damage to property ...

2b. From delinquency of children of the household and of slaves ... actions for damages shall be appointed, that the father or the master may be permitted either to undergo assessment of the claim or to deliver the delinquent for punishment ...

3. If one has obtained an unjustifiable grant of interim possession and if his adversary wishes ... the magistrate shall grant three arbiters; by their arbitration ... the unjustifiable holder of interim possession shall settle the plaintiff's loss of enjoyment of the thing by paying double damages.

4. It is forbidden to dedicate for consecrated use a thing concerning whose ownership there is a controversy; otherwise a penalty of double the value involved shall be suffered ...

5. Whatever the people ordain last shall be legally valid.

From: http://www.yale.edu/lawweb/avalon/medieval/twelve_tables.htm