inviolable; the tribunes, however, are sacred and inviolable according
to the ancient oath of the commons, when first they created that
office. There have been some who supposed that by this same Horatian
law provision was made for the consuls also and the prætors, because
they were elected under the same auspices as the consuls; for a consul
was called a judge. This interpretation is refuted, because at this
time it had not yet been customary for the consul to be styled judge,
but prætor.[62] These were the laws proposed by the consuls. It was
also arranged by the same consuls, that decrees of the senate, which
before that used to be suppressed and altered at the pleasure of the
consuls, should be deposited in the Temple of Ceres, under the care
of the aediles of the commons. Then Marcus Duillius, tribune of the
commons, brought before the people and the people enacted, that
whoever left the people without tribunes, and whoever caused a
magistrate to be elected without appeal, should be punished with
stripes and beheaded. All these enactments, though against the
feelings of the patricians, passed off without opposition from them,
because as yet no severity was aimed at any particular individual.
Then, both the tribunician power and the liberty of the commons having
been firmly established, the tribunes, now deeming it both safe and
seasonable to attack individuals, singled out Verginius as the first
prosecutor and Appius as defendant. When Verginius had appointed a day
for Appius to take his trial, and Appius had come down to the forum,
accompanied by a band of young patricians, the recollection of his
most profligate exercise of power was instantly revived in the minds
of all, as soon as they beheld the man himself and his satellites.
Then said Verginius: "Long speeches are only meant for matters of a
doubtful nature. Accordingly, I shall neither waste time in dwelling
on the guilt of this man before you, from whose cruelty you have
rescued yourselves by force of arms, nor will I suffer him to add
impudence to his other crimes in defending himself. Wherefore, Appius
Claudius, I pardon you for all the impious and nefarious deeds you
have had the effrontery to commit one after another for the last two
years; with respect to one charge only, unless you shall choose a
judge who shall acquit you that you have not sentenced a free person
to slavery, contrary to the laws, I shall order that you be taken into
custody." Neither in the aid of the tribunes, nor in the judgment of
the people, could Appius place any hope: still he both appealed to the
tribunes, and, when no one heeded him, being seized by the officer, he
exclaimed, "I appeal." The hearing of this one word that safeguard of
liberty, and the fact that it was uttered from that mouth, by which
a free citizen was so recently consigned to slavery, caused silence.
And, while they loudly declared, each on his own behalf, that at
length the existence of the gods was proved, and that they did not
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