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held in booths--calling her the daughter of his slave and a slave herself, and commanded her to follow him, declaring that he would drag her off by force if she demurred. The girl being struck dumb with terror, a crowd collected at the cries of her nurse, who besought the protection of the citizens. The popular names of her father, Verginius, and of her betrothed, Icilius, were in every one's mouth. Esteem for them gained the good-will of their acquaintances, the heinousness of the proceeding, that of the crowd. She was now safe from violence, forasmuch as the claimant said that there was no occasion for rousing the mob; that he was proceeding by law, not by force. He summoned the girl into court. Her supporters advising her to follow him, they reached the tribunal of Appius. The claimant rehearsed the farce well known to the judge, as being in presence of the actual author of the plot, that the girl, born in his house, and clandestinely transferred from thence to the house of Verginius, had been fathered on the latter: that what he stated was established by certain evidence, and that he would prove it, even if Verginius himself, who would be the principal sufferer, were judge: that meanwhile it was only fair the servant should accompany her master. The supporters of Verginia, after they had urged that Verginius was absent on business of the state, that he would be present in two days if word were sent to him, and that it was unfair that in his absence he should run any risk regarding his children, demanded that Appius should adjourn the whole matter till the arrival of the father; that he should allow the claim for her liberty pending judgment according to the law passed by himself, and not allow a maiden of ripe age to encounter the risk of her reputation before that of her liberty. Appius prefaced his decision by observing that the very same law, which the friends of Verginius put forward as the plea of their demand, showed how strongly he himself was in favour of liberty: that liberty, however, would find secure protection in the law on this condition only, that it varied neither with respect to cases or persons. For with respect to those individuals who were claimed as free, that point of law was good, because any citizen could proceed by law in such a matter: but in the case of her who was in the hands of her father, there was no other person in whose favour her master need relinquish his right of possession.[51]
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