Ab urbe condita

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.

So I will pass over, Appius Claudius, all the wicked and impious things that you had the audacity to do, one after another, for the last two years. One charge only will I bring against you, that contrary to law you have adjudged a free person to be a slave, and unless you name an umpire before whom you can prove your innocence,[*](In questions ofsimple fact, each side was at liberty to propose an umpire to sift the evidence on both sides. If they failed to agree the praetor appointed a single umpire. Appius was offered the chance of formally proving his innocence) I shall order you to be taken to prison.”

Appius had nothing to hope for in the protection of the tribunes or the verdict of the people. Nevertheless he called upon the tribunes, and when none intervened to stay proceedings and he was seized by the apparitor, he said, “I appeal.”

This single word, the protection of liberty, uttered by those lips which had so lately judicially deprived a person of her freedom, produced a general silence.