[30.1] After Claudius had spoken thus and had added an urgent plea that he might be at no disadvantage as compared with his adversaries because he was a client and of humble birth, the uncle of the girl answered in few words and those such as were proper to be addressed to a magistrate. He said that the father of the girl was Verginius, a plebeian, who was then abroad in the service of his country; that her mother was Numitoria, his own sister, a virtuous and good woman, who had died not many years before; that the maiden herself, after being brought up in such a manner as became a person of free condition and a citizen, had been legally betrothed to Icilius, and that the marriage would have taken place if the war with the Aequians had not intervened.
[2] εἰ μὴ θᾶττον ὁ πρὸς Αἰκανοὺς ἀνέστη πόλεμος. ἐν δὲ τοῖς μεταξὺ χρόνοις οὐκ ἐλαττόνων ἢ πεντεκαίδεκα διεληλυθότων ἐτῶν οὐδὲν τοιοῦτον ἐπιχειρήσαντα πρὸς αὐτοὺς εἰπεῖν Κλαύδιον, ἐπειδὴ δὲ γάμων ἡ παῖς ἔσχεν ὥραν καὶ διαφέρειν δοκεῖ τὴν ὄψιν, ἐρῶντα ἥκειν ἀναίσχυντον συκοφάντημα πλάσαντα, οὐκ ἀπὸ τῆς ἑαυτοῦ γνώμης, ἀλλὰ κατεσκευασμένον ὑπ᾽ ἀνδρὸς ἁπάσαις οἰομένου δεῖν ταῖς ἐπιθυμίαις ἐκ παντὸς τρόπου χαρίζεσθαι.
[2] In the meantime, he said, no less than fifteen years having elapsed, Claudius had never attempted to allege anything of this sort to the girl’s relations, but now that she was of marriageable age and had a reputation for exceptional beauty, he had come forward with his allegation after inventing a shameless calumny, not indeed on his own initiative, but coached by a man who thought he must by any and every means gratify his desires.
[3] τὴν μὲν οὖν δίκην αὐτὸν ἔφη τὸν πατέρα περὶ τῆς θυγατρὸς ἀπολογήσεσθαι παραγενόμενον ἀπὸ τῆς στρατιᾶς: τὴν δὲ τοῦ σώματος ἀντιποίησιν, ἣν ἔδει γενέσθαι κατὰ τοὺς νόμους, αὐτὸς ποιεῖσθαι θεῖος ὢν τῆς κόρης καὶ τὰ δίκαια ὑπέχειν, οὐδὲν ἀξιῶν οὔτε ξένον οὔτε ὃ μὴ καὶ τοῖς ἄλλοις [p. 164] ἀποδίδοται Ῥωμαίοις δίκαιον, εἰ καὶ μὴ πᾶσιν ἀνθρώποις, σώματος εἰς δουλείαν ἐξ ἐλευθερίας ἀγομένου μὴ τὸν ἀφαιρούμενον τὴν ἐλευθερίαν, ἀλλὰ τὸν φυλάττοντα κύριον εἶναι μέχρι δίκης.
[3] As for the trial, he said the father himself would defend the cause of his daughter when he returned from the campaign; but as for the claiming of her person, which was required according to the laws, he himself, as the girl’s uncle, was attending to that and was submitting to trial, in doing which he was demanding nothing either unprecedented or not granted as a right to all other Roman citizens, if indeed not to all men, namely, that when a person is being haled from a condition of freedom into slavery, it is not the man who is trying to deprive him of his liberty, but the man who maintains it, that has the custody of him until the trial.
[4] ἔφη τε διὰ πολλὰς αἰτίας προσήκειν τῷ Ἀππίῳ φυλάττειν τοῦτο τὸ δίκαιον: πρῶτον μὲν ὅτι τὸν νόμον τοῦτον ἅμα τοῖς ἄλλοις ἐν ταῖς δώδεκα δέλτοις ἀνέγραψεν: ἔπειθ᾽ ὅτι τῆς δεκαδαρχίας ἡγεμών: πρὸς δὲ τούτοις ὅτι μετὰ τῆς ὑπατικῆς ἐξουσίας καὶ τὴν δημαρχίαν προσειλήφει, ἧς εἶναι κράτιστον ἔργον τοῖς ἀσθενέσι καὶ ἐρήμοις τῶν πολιτῶν βοηθεῖν.
[4] And he said that it behooved Appius to maintain that principle for many reasons: first, because he had inscribed this law among the others in the Twelve Tables, and, in the next place, because he was chief of the decemvirate; and furthermore, because he had assumed not only the consular but also the tribunician power, the principal function of which was to relieve such of the citizens as were weak and destitute of help.
[5] ἠξίου τε τὴν καταπεφευγυῖαν ἐπ᾽ αὐτὸν ἐλεῆσαι παρθένον, μητρὸς μὲν ὀρφανὴν οὖσαν ἔτι πάλαι, πατρὸς δ᾽ ἔρημον ἐν τῷ τότε χρόνῳ, κινδυνεύουσαν οὐ χρημάτων ἀποστερηθῆναι προγονικῶν, ἀλλὰ καὶ ἀνδρὸς καὶ πατρίδος καὶ ὃ πάντων μέγιστον εἶναι δοκεῖ τῶν ἀνθρωπίνων ἀγαθῶν, τῆς τοῦ σώματος ἐλευθερίας. ἀνακλαυσάμενος δὲ τὴν ὕβριν, εἰς ἣν ἔμελλεν ἡ παῖς παραδοθήσεσθαι, καὶ πολὺν ἐκ τῶν παρόντων κινήσας ἔλεον περὶ τοῦ χρόνου τῆς δίκης ἔφη τελευτῶν:
[5] He then asked him to show compassion for a maiden who had turned to him for refuge, having long since lost her mother and being at the moment deprived of her father and in danger of losing not only her ancestral fortune but also her husband, her country, and, what is regarded as the greatest of all human blessings, her personal liberty. And having lamented the insolence to which the girl would be delivered up and thus roused great compassion in all present, he at last spoke about the time to be appointed for the trial, saying:
[6] ἐπειδὴ ταχεῖαν αὐτῆς βούλεται γενέσθαι τὴν κρίσιν Κλαύδιος, ὁ μηδὲν ἠδικῆσθαι φάμενος ἐν τοῖς πεντεκαίδεκα ἔτεσιν, ἕτερος μὲν ἄν τις ὑπὲρ τηλικούτων ἀγωνιζόμενος δεινὰ πάσχειν ἔλεξε καὶ ἠγανάκτει κατὰ τὸ εἰκός, ὅταν εἰρήνη γένηται καὶ πάντες ἔλθωσιν οἱ νῦν ὄντες ἐπὶ στρατοπέδου, τότε [p. 165] τὴν δίκην ἀξιῶν ἀπολογεῖσθαι, ὅτε καὶ μαρτύρων εὐπορία καὶ φίλων καὶ δικαστῶν ἀμφοτέροις ἔσται τοῖς δικαζομένοις, πολιτικὰ καὶ μέτρια πράγματα προφέρων καὶ τῇ Ῥωμαίων συνήθη πολιτείᾳ:
[6] “Since Claudius, who during those fifteen years never complained of any injury, now wishes to have the decision in this cause rendered speedily, anyone else who was contending for a matter of so great importance as I am would say that he was grievously treated and would naturally feel indignant, demanding to offer his defence only after peace is made and all who are now in camp have returned, at a time when both parties to the suit will have an abundance of witnesses, friends and judges — a proposal which would be democratic, moderate and agreeable to the Roman constitution.
[7] ἡμεῖς δ᾽, ἔφη, λόγων οὐδὲν δεόμεθα οὔτ᾽ εἰρήνης οὔτ᾽ ὄχλου φίλων καὶ δικαστῶν οὔτ᾽ εἰς τοὺς δικασίμους χρόνους τὸ πρᾶγμα ἀναβαλλόμεθα, ἀλλὰ καὶ ἐν πολέμῳ καὶ ἐν σπάνει φίλων καὶ οὐκ ἐν ἴσοις δικασταῖς καὶ παραχρῆμα ὑπομένομεν ἀπολογεῖσθαι, τοσοῦτον αἰτησάμενοι παρὰ σοῦ χρόνον, Ἄππιε, ὅσος ἱκανὸς ἔσται τῷ πατρὶ τῆς κόρης ἀπὸ στρατοπέδου παραγενηθέντι τὰς ἰδίας ἀποδύρασθαι τύχας, καὶ δι᾽ ἑαυτοῦ τὴν δίκην ἀπολογήσασθαι.
[7] But as for us,” he said, “we have no need of speeches nor of peace nor of a throng of friends and judges, nor are we trying to put the matter off to the times appropriate for such decisions; but even in war, and when friends are lacking and judges are not impartial, and at once, we are ready
to make our defence, asking of you only so much time, Appius, as will suffice for the father of the girl to come from camp, lament his misfortunes, and plead his cause in person.”
[1] τοιαῦτα τοῦ Νομιτωρίου λέξαντος καὶ τοῦ περιεστηκότος ὄχλου μεγάλῃ βοῇ διασημήναντος, ὡς δίκαια ἀξιοῖ, μικρὸν ἐπισχὼν χρόνον Ἄππιος: ἐγὼ τὸν μὲν νόμον, εἶπεν, οὐκ ἀγνοῶ τὸν ὑπὲρ τῆς διεγγυήσεως τῶν εἰς δουλείαν ἀγομένων κείμενον, ὃς οὐκ ἐᾷ παρὰ τοῖς ἀφαιρουμένοις εἶναι τὸ σῶμα μέχρι δίκης, οὐδὲ καταλύσαιμι ἂν ὃν αὐτὸς ἔγραψα ἑκών: ἐκεῖνο μέντοι δίκαιον ἡγοῦμαι, δυεῖν ὄντων τῶν ἀντιποιουμένων, κυρίου καὶ πατρός, εἰ μὲν ἀμφότεροι παρῆσαν, τὸν πατέρα κρατεῖν τοῦ σώματος μέχρι δίκης.
[31.1] Numitorius having spoken to this effect and the people who stood round the tribunal having signified by a great shout that his demand was just, Appius after a short pause said: “I am not ignorant of the law concerning the bailing of those who are claimed as slaves, which does not permit their persons to be in the power of the claimants till the hearing of the case, nor would I willingly break a law which I myself draughted. This, however, I consider to be just, that, as there are two claimants, the master and the father, if they were both present, the father should have the custody of her person till the hearing;
[2] ἐπεὶ δ᾽ ἐκεῖνος ἄπεστι, τὸν κύριον ἀπαγαγεῖν ἐγγυητὰς ἀξιοχρέους δόντα καταστήσειν ἐπὶ τὴν ἀρχήν, ὅταν ὁ πατὴρ αὐτῆς παραγένηται. περὶ δὲ τῶν ἐγγυητῶν [p. 166] καὶ τοῦ τιμήματος καὶ τοῦ μηδὲν ὑμᾶς ἐλαττωθῆναι περὶ τὴν δίκην, πολλὴν ποιήσομαι πρόνοιαν, ὦ Νομιτώριε.
[2] but since he is absent, the master should take her away, giving sufficient sureties that he will produce her before the magistrate when her father returns. I shall take great care, Numitorius, concerning the sureties and the amount of their bond and also that you defendants shall be at no disadvantage in respect of the trial. For the present, deliver up the girl.”
[3] νῦν δὲ παράδος τὴν κόρην. τοῦτο τὸ τέλος ἐξενέγκαντος Ἀππίου πολὺς μὲν ὀδυρμὸς ὑπὸ τῆς παρθένου καὶ τῶν περὶ αὐτὴν γυναικῶν ἐγίνετο καὶ κοπετός, πολλὴ δὲ κραυγὴ καὶ ἀγανάκτησις ἐκ τοῦ περιεστηκότος ὄχλου τὸ βῆμα. ὁ δὲ μέλλων ἄγεσθαι τὴν κόρην Ἰκίλιος ἐμφύεταί τε αὐτῆς καί φησιν: οὐκ ἐμοῦ γε ζῶντος, Ἄππιε, ταύτην ἀπάξεταί τις.
[3] When Appius had pronounced this sentence, there was much lamentation and beating of breasts on the part of the maiden and of the women surrounding her, and much clamour and indignation on the part of the crowd which stood about the tribunal. But Icilius, who intending to marry the girl, clasped her to him and said:
[4] ἀλλ᾽ εἴ σοι δέδοκται τοὺς νόμους καταλύειν, τὰ δὲ δίκαια συγχεῖν καὶ τὴν ἐλευθερίαν ἡμῶν ἀφαιρεῖσθαι, μηκέτι τὴν ὀνειδιζομένην ὑμῖν ἀρνοῦ τυραννίδα, ἀλλὰ τὸν ἐμὸν ἀποκόψας τράχηλον ταύτην τε ἀπαγαγεῖν, ὅπου σοι δοκεῖ, καὶ τὰς ἄλλας παρθένους καὶ γυναῖκας, ἵνα δὴ μάθωσιν ἤδη ποτὲ Ῥωμαῖοι δοῦλοι γεγονότες ἀντ᾽ ἐλευθέρων, καὶ μηδὲν ἔτι μεῖζον φρονῶσι τῆς τύχης.
[4] “Not while I am alive, Appius, shall anyone take this girl away. But if you are resolved to break the laws, to confound our rights, and to take from us our liberty, deny no longer the tyranny you decemvirs are reproached with, but after you have cut off my head lead away not only this maiden whithersoever you choose, but also every other maiden and matron, in order that the Romans may now at last be convinced that they have become slaves instead of free men and may no longer show a spirit above their condition.
[5] τί οὖν ἔτι μέλλεις, ἀλλ᾽ οὐ τοὐμὸν ἐκχεῖς αἷμα πρὸ τοῦ βήματος ἐν τοῖς ἁπάντων ὀφθαλμοῖς; ἴσθι μέντοι σαφῶς, ὅτι ἤτοι μεγάλων κακῶν ἄρξει Ῥωμαίοις ὁ θάνατος οὑμὸς ἢ μεγάλων ἀγαθῶν.
[5] Why, then, do you delay any longer? Why do you not shed my blood before your tribunal in the sight of all? But know of a certainty that my death will prove the beginning either of great woes to the Romans or of great blessings.”
[1] ἔτι δ᾽ αὐτοῦ βουλομένου λέγειν οἱ μὲν ῥαβδοῦχοι κελευσθέντες ὑπὸ τῆς ἐξουσίας ἀνεῖργον αὐτοὺς ἀπὸ τοῦ βήματος καὶ πειθαρχεῖν τοῖς κεκριμένοις [p. 167] ἐκέλευον: ὁ δὲ Κλαύδιος ἐπιλαβόμενος τῆς παιδὸς ἀπάγειν ἐβούλετο τοῦ θείου καὶ τοῦ μνηστῆρος ἀντεχομένην. ἰδόντες δὲ πένθος ἐλεεινὸν οἱ περὶ τὸ βῆμα πάντες ἀνέκραγον ἅμα καὶ παρ᾽ οὐδὲν ἡγησάμενοι τὴν τοῦ κρατοῦντος ἐξουσίαν ὠθοῦνται τοῖς βιαζομένοις ὁμόσε, ὥστε δείσαντα τὴν ἐπιφορὰν αὐτῶν τὸν Κλαύδιον τήν τε κόρην ἀφεῖναι καὶ ὑπὸ
[32.1] While he wished to go on speaking, the lictors by order of the magistrate kept him and his friends back from the tribunal and commanded them to obey the sentence; and Claudius laid hold on the girl as she clung to her uncle and her betrothed, and attempted to lead her away. But the people who stood round the tribunal, upon seeing her piteous grief, all cried out together, and disregarding the authority of the magistrate, crowded upon those who were endeavouring to use force with her, so that Claudius, fearing their violence, let the girl go and fled for refuge to the feet of the general.
[2] τοὺς πόδας τοῦ στρατηγοῦ καταφυγεῖν. ὁ δ᾽ Ἄππιος καταρχὰς μὲν εἰς πολλὴν ταραχὴν κατέστη ἠγριωμένους ἅπαντας ὁρῶν καὶ πολὺν ἠπόρει χρόνον, ὅ τι χρὴ ποιεῖν, ἔπειτα τὸν Κλαύδιον καλέσας ἐπὶ τὸ βῆμα καὶ μικρὰ διαλεχθεὶς πρὸς αὐτὸν ὡς ἐδόκει,τοῖς τε περιεστῶσι διασημήνας ἡσυχίαν παρασχεῖν λέγει τοιάδε:
[2] Appius was at first greatly disturbed as he saw all the people enraged, and for a considerable time was in doubt what he ought to do. Then, after calling Claudius to the tribunal and conversing a little with him, as it seemed, he made a sign for the bystanders to be silent and said:
[3] ἐγὼ τὸ μὲν ἀκριβές, ὦ δημόται, περὶ τῆς διεγγυήσεως τοῦ σώματος, ἐπειδὴ τραχυνομένους ὑμᾶς πρὸς τὴν ἀπόφασιν ὁρῶ, παρίημι: χαρίζεσθαι δ᾽ ὑμῖν βουλόμενος πέπεικα τὸν ἐμαυτοῦ πελάτην ἐᾶσαι μὲν τοῖς συγγενέσι τῆς παρθένου δοῦναι τὴν διεγγύησιν, ἕως ὁ
[3] “I am waiving the strict letter of the law, citizens, relative to the bailing of her person, inasmuch as I see you growing exasperated at the sentence I have pronounced; and desiring to gratify you, I have prevailed upon my client to consent that the relations of the maiden shall go bail for her till the arri
val of her father.
[4] πατὴρ αὐτῆς παραγένηται. ἀπάγεσθε οὖν, ὦ Νομιτώριε, τὴν κόρην, καὶ τὴν ἐγγύην ὁμολογεῖτε περὶ αὐτῆς εἰς τὴν αὔριον ἡμέραν. ἀπόχρη γὰρ ὁ χρόνος ὑμῖν οὗτος ἀπαγγεῖλαί τε Οὐεργινίῳ τήμερον καὶ τριῶν ἢ τεττάρων ὡρῶν αὔριον ἐκ τοῦ χάρακος δεῦρο ἀγαγεῖν. πλείονα δ᾽ αὐτῶν χρόνον αἰτουμένων οὐδὲν ἔτι ἀποκρινάμενος ἀνέστη καὶ τὸν δίφρον ἐκέλευσεν ἆραι.
[4] Do you men, therefore, take the girl away, Numitorius, and acknowledge yourselves bound for her appearance to-morrow. For this much time is sufficient for you both to give Verginius notice to-day and to bring him here from the camp in three or four hours to-morrow.” When they asked for more time, he gave no answer but rose up and ordered his seat to be taken away.
[1] ὡς δ᾽ ἀπῆλθεν ἐκ τῆς ἀγορᾶς ἀδημονῶν καὶ μαινόμενος ὑπὸ τοῦ πάθους, ἔγνω μηκέτι μεθέσθαι [p. 168] τῆς παρθένου τοῖς συγγενέσιν, ἀλλ᾽ ὅταν ἐπὶ τὴν ἐγγύην προαχθῇ, μετὰ βίας αὐτὴν ἀπάγειν, ἑαυτῷ τε πλείονα φυλακὴν περιστησάμενος, ὡς μηδὲν ὑπὸ τῶν ὄχλων βιασθείη, καὶ τὰ πέριξ τοῦ βήματος ἑταίρων τε καὶ πελατῶν ὄχλῳ προκαταλαβών.
[33.1] As he left the Forum, sorely troubled and maddened by his passion, he determined not to relinquish the maiden another time to her relations, but when she was produced by her surety, to take her away by force, after first placing a stronger guard about his person, in order to avoid suffering any violence from the crowds, and occupying the neighbourhood of the tribunal ahead of time with a throng of his partisans and clients.
Delphi Complete Works of Dionysius of Halicarnassus (Illustrated) (Delphi Ancient Classics Book 79) Page 692