laudius, the chief of the Ten, sought to
lay hands, and for this end gave commandment to one Marcus Claudius, who
was one of the clients of his house, that he should claim the girl for
a slave. On the morrow therefore as Virginia passed across the
market-place, being on her way to school (for the schools in those days
were held in the market-place), this Claudius seized her, affirming that
she was born of a woman that was a slave, and was therefore by right
a slave herself. The maiden standing still for fear, the nurse that
attended her set up a great cry and called the citizens to help.
Straightway there was a great concourse, for many knew the maiden's
father Virginius, and Icilius to whom she was betrothed. Then said
Claudius, seeing that he could not take her by force, "There is no
need of tumult or of gathering a crowd. I would proceed by law, not by
force." Thereupon he summoned the girl before the judge. When they came
to the judgment-seat of Appius the man told a tale that had already
been agreed upon between the two. "This girl," he said, "was born in
my house, and was thence secretly taken to the house of Virginius,
and passed off on the man as his daughter. Of this I will bring proof
sufficient, such as will convince Virginius himself, who doubtless has
received the chief wrong in this matter. But in the meanwhile it is
reasonable that the slave should remain in the house of her master." To
this the friends of the girl made answer, "Virginius is absent on the
service of the State, and will be here within the space of two days, if
tidings of this matter be sent to him. Now it is manifestly wrong that
judgment concerning a man's children should be given while he is himself
absent. Let the cause, therefore, be postponed till he come. Meanwhile
let the maiden have her freedom according to the law which Appius and
his fellows have themselves established."
Appius gave sentence in these words: "That I am a favourer of freedom
is manifest from this law of which ye make mention. Yet this law must
be observed in all cases and without respect of persons; and as to this
girl, there is none but her father only to whom her owner may yield
the custody of her. Let her father therefore be sent for; but in the
meanwhile Claudius must have custody of her, as is his right, only
giving security that he will produce her on the morrow."
At this decree, so manifestly unrighteous was it, there was much
murmuring, yet none dared to
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