Ab urbe condita
Titus Livius (Livy)
Livy. History of Rome, Volumes 1-2. Roberts, Canon, Rev, translator. London, New York: J. M. Dent and Sons; E. P. Dutton and Co., 1912.
He was not so apprehensive of the general feeling against him as to abandon all hope in the impartiality and sympathy of his fellow-citizens.
If he was to be taken to prison before his case was heard, he would once more appeal to the tribunes, and warn them not to copy the example of those whom they hated. If they admitted that they were bound by the same agreement to abolish the right of appeal which they accused the decemvirs of having formed, then he would appeal to the people and invoke the laws which both consuls and tribunes had enacted that very year to protect that right.
For if before the case is heard and judgment given there is no power of appeal, who would appeal? What plebeian, even the humblest, would find protection in the laws, if Appius Claudius could not? His case would show whether it was tyranny or freedom that was conferred by the new laws, and whether the right of challenge and appeal against the injustice of magistrates was only displayed in empty words or was actually granted.
Verginius replied. Appius Claudius, he said, alone was outside the laws, outside all the bonds that held states or even human society together.
Let men cast their eyes on that tribunal, the fortress of all villainies, where that perpetual decemvir, surrounded by hangmen not lictors, in contempt of gods and men alike, wreaked his vengeance on the goods, the backs, and the lives of the
citizens, threatening all indiscriminately with the rods and axes, and then when his mind was diverted from rapine and murder to lust, tore a free-born maiden from her father's arms, before the eyes of Rome, and gave her to a client, the minister of his intrigues —that
tribunal where by cruel decree and infamous judgment he armed the father's hand against the daughter, where he ordered those who took up the maiden's lifeless body — her betrothed lover and her grandfather —to be thrown into prison, moved less by her death than by the check to his criminal gratification. For him as much as for others was that prison built which he used to call “the domicile of the Roman plebs.”
Let him appeal again and again, he (the speaker) would always refer him to an umpire on the charge of having sentenced a free person to slavery. If he would not go before an umpire he should order him to be imprisoned as though found guilty.
He was accordingly thrown into prison, and though no one actually opposed this step, there was a general feeling of anxiety, since even the plebeians themselves thought it an excessive use of their liberty to inflict punishment on so great a man. The tribune adjourned the day of trial.