Ab urbe condita

If an aedile, therefore, were arrested and sent to prison by superior magistrates, though this could not be done by law —for by this law it would not be lawful for him to be injured —yet

it is a proof that an aedile is not held to be “sacrosanct” whereas the tribunes of the plebs were “sacrosanct” by the ancient oath taken by the plebeians when that office was first created.

There were some who interpreted the law as including even the consuls in its provisions, and the praetors, because they were elected under the same auspices as the consuls, for a consul was called a “judge.”

This interpretation is refuted by the fact that in those times it was the custom for a judge to be called not “consul” but “praetor.”

These were the laws enacted by the consuls. They ordered that the decrees of the senate, which used formerly to be suppressed and tampered with at the pleasure of the consuls should henceforth be taken to the aediles at the temple of Ceres.

Marcus Duillius, the tribune, then proposed a resolution which the plebs adopted, that any one who should leave the plebs without tribunes, or who should create a magistrate from whom there was no appeal; should be scourged and beheaded.

All these transactions were distasteful to the patricians, but they did not actively oppose them, as none of them had yet been marked out for vindictive proceedings.

The power of the tribunes and the liberties of the plebs were now on a secure basis. The next step was taken by the tribunes, who thought the time had come when they might safely proceed against individuals.

They selected Verginius to take up the first prosecution, which was that of Appius. When the day had been fixed, and Appius had come down to the Forum with a bodyguard of young patricians, the sight of him and his satellites reminded all present of the power he had used so vilely.

Verginius began: “Oratory was invented for doubtful cases. I will not, therefore, waste time by a long indictment before you of the man from whose cruelty you have vindicated yourselves by force of arms, nor will I allow him to add to his other crimes an impudent defence.