[Footnote 148: _Because any person_. "As the law permits any strangers
to interpose in vindicating an individual's liberty, they have an
undoubted right so to do. But the question is not whether this maiden is
free: that she cannot be in any case; for she belongs either to her
father or her master. Now as her father is not present to take charge of
her, no one here but her master can have any title to her." Appius
argues that he could not pronounce in favour of her temporary liberty,
without prejudice to her father's right and power over her: as there was
no one present, who claimed a legal right to the possession of her but
M. Claudius, the judge had no alternative but to award her during the
interim to his safe keeping.--_Stocker._]
46. The multitude was now excited, and a contest seemed likely to ensue.
The lictors had taken their stand around Icilius; nor did they, however,
proceed beyond threats, when Appius said, "that it was not Virginia that
was defended by Icilius, but that, being a restless man, and even now
breathing the spirit of the tribuneship, he was seeking an occasion for
a disturbance. That he would not afford him material on that day; but in
order that he may now know that the concession has been made not to his
petulance, but to the absent Virginius, to the name of father and to
liberty, that he would not decide the cause on that day, nor interpose a
decree: that he would request of Marcus Claudius to forego somewhat of
his right, and suffer the girl to be bailed till the next day. But
unless the father attended on the following day, he gave notice to
Icilius and to men like Icilius, that neither the founder would be
wanting to his own law, nor firmness to the decemvir; nor would he
assemble the lictors of his colleagues to put down the promoters of
sedition; that he would be content with his own lictors." When the time
of this act of injustice was deferred, and the friends of the maiden had
retired, it was first of all determined, that the brother of Icilius and
the son of Numitorius, both active young men, should proceed thence
straightforward to the gate, and that Virginius should be brought from
the camp with all possible haste. That the safety of the girl depended
on his being present next day at the proper time, as her protector from
injury. They proceed according to directions and with all speed carry
the account to her father. When the claimant of the maiden was pressing
Icilius to become defendant, and give sureties,[149] and Icilius said
that that was the very thing he was doing, designedly spinning out the
time, until the messengers sent to the camp might gain time for their
journey, the multitude raised their hands on all sides, and every one
showed himself ready to go surety for Icilius. And he with tears in his
eyes says, It is very kind of you; on to-morrow I will avail myself of
your assistance; at present I have sufficient sureties. Thus Virginia is
bailed on the security of her relations.
Public-domain text, read in full here on John Shaqi.
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