anxiety for the interests of the Roman commons, owing
to which he had resigned the consulship, to the very
great displeasure of the patricians, for the purpose
of equalizing the laws; he then went on to mention
those laws of his, the framer of which was dragged
off to prison, though the laws still remained in force.
However, in regard to what bore especially on his
own case, his personal merits and demerits, he would
make trial of them, when an opportunity should be
afforded him of stating his defence; at present, he,
a Roman citizen, demanded, by the common right of
citizenship, that he be allowed to speak on the day
appointed, and to appeal to the judgment of the Roman
people: he did not dread popular odium so much
as not to place any hope in the fairness and compassion
of his fellow-citizens. But if he were led to
prison without being heard, that he once more appealed
to the tribunes of the people, and warned them not
to imitate those whom they hated. But if the
tribunes acknowledged themselves bound by the same
agreement for abolishing the right of appeal, which
they charged the decemvirs with having conspired to
form, then he appealed to the people, he implored
the aid of the laws passed that very year, both by
the consuls and tribunes, regarding the right of appeal.
For who would there be to appeal, if this were not
allowed a person as yet uncondemned, whose case had
not been heard? What plebeian or humble individual
would find protection in the laws, if Appius Claudius
could not? That he would be a proof whether tyranny
or liberty was established by the new laws, and whether
the right of appeal and of challenge against the injustice
of magistrates was only held out in idle words, or
really granted.
Verginius, on the other hand, affirmed that Appius
Claudius was the only person who had no part or share
in the laws, or in any covenant civil or human.
Men should look to the tribunal, the fortress of all
villainies, where that perpetual decemvir, venting
his fury on the property, person, and life of the
citizens, threatening all with his rods and axes,
a despiser of gods and men, surrounded by men who were
executioners, not lictors, turning his thoughts from
rapine and murder to lust, tore a free-born maiden,
as if she had been a prisoner of war, from the embraces
of her father, before the eyes of the Roman people,
and gave her as a present to a dependent, the minister
to his secret pleasures: where too by a cruel
decree, and a most outrageous decision, he armed the
right hand of the father against the daughter:
where he ordered the betrothed and uncle, on their
raising the lifeless body of the girl, to be led away
to prison, affected more by the interruption of his
lust than by her death: that the prison was built
for him also which he was wont to call the domicile
of the Roman commons. Wherefore, though he might
appeal again and again, he himself would again and
again propose a judge, to try him on the charge of
having sentenced a free person to slavery; if he would
not go before a judge, he ordered him to be taken
to prison as one already condemned. He was thrown
into prison, though without the disapprobation of any
individual, yet not without considerable emotion of
the public mind, since, in consequence of the punishment
by itself of so distinguished a man, their own liberty
began to be considered by the commons themselves as
excessive.[63]