§3.56.1fundata deinde et potestate tribunicia et plebis libertate tum tribuni adgredi singulos tutum maturumque iam rati accusatorem primum Verginium et Appium reum deligunt. §3.56.2cum diem Appio Verginius dixisset et Appius stipatus patriciis iuvenibus in forum descendisset, redintegrata extemplo est omnibus memoria foedissimae potestatis, cum ipsum satellitesque eius vidissent. §3.56.3tum Verginius “oratio” inquit “rebus dubiis inventa est; itaque neque ego accusando apud vos eum tempus teram, a cuius crudelitate vosmet ipsi armis vindicastis, nec istum ad cetera scelera inpudentiam in defendendo se adicere patiar. §3.56.4omnium igitur tibi, Appi Claudi, quae impie nefarieque per biennium alia super alia es ausus, gratiam facio; unius tantum criminis nisi iudicem dices, te ab libertate in servitutem contra leges vindicias non dedisse, in vincla te duci iubebo. ” nec in tribunicio auxilio Appius §3.56.5nec in iudicio populi ullam spem habebat; §3.56.6tamen et tribunos appellavit et nullo morante arreptus a viatore “provoco” inquit. audita vox una vindex libertatis, ex eo missa ore, quo vindiciae nuper ab libertate dictae erant, silentium fecit. §3.56.7et dum pro se quisque deos tandem esse et non neglegere humana fremunt, et superbiae crudelitatique etsi seras, non leves tamen venire poenas: §3.56.8provocare, qui provocationem sustulisset, et inplorare praesidium populi, qui omnia iura populi obtrisset, rapique in vincla egentem iure libertatis, qui liberum corpus in servitutem addixisset, ipsius Appi inter contionis murmur fidem populi Romani inplorantis vox audiebatur. §3.56.9maiorum merita in rem publicam domi militiaeque commemorabat, suum infelix erga plebem Romanam studium, quo aequandarum legum causa cum maxima offensione patrum consulatu abisset, suas leges, quibus manentibus lator earum in vincla ducatur. §3.56.10ceterum sua propria bona malaque, cum causae dicendae data facultas sit, tum se experturum; in praesentia se communi iure civitatis civem Romanum die dicta postulare, ut dicere liceat, ut iudicium populi Romani experiri. §3.56.11non ita se invidiam pertimuisse, ut nihil in aequitate et misericordia civium suorum spei habeat.
, when both the tribunitian power and the liberty of the plebs had been established, the tribunes, thinking that it was now safe and timely to attack them individually, chose Verginius as the first accuser and Appius as the defendant. Verginius had appointed a day of trial for Appius, and Appius had descended into the forum surrounded by young patricians, the memory of that most foul power was instantly revived in everyone's mind as soon as they saw him and his henchmen. Verginius said: "Speech was invented for doubtful matters; therefore, I will neither waste time before you in accusing him from whose cruelty you yourselves delivered yourselves by force of arms, nor will I allow that man to add impudence in defending himself to his other crimes., Appius Claudius, I excuse you from all the things which you impiously and wickedly dared to do, one after another, through those two years; but on one charge only, unless you name a judge—that you did not grant interim possession from liberty to slavery contrary to the laws—I will order you to be led to prison." And Appius, neither in the tribunitian aid, in the judgment of the people, had any hope;, he both appealed to the tribunes and, as no one delayed him, being seized by the viator, said, "I appeal!" Hearing that single voice, the champion of liberty, sent from that very mouth from which interim possession had recently been declared away from liberty, brought about a silence. while everyone was murmuring that the gods did exist at last and did not neglect human affairs, and that punishment, though late, yet not light, was coming upon pride and cruelty: he who had abolished appeal was now appealing, and he who had trampled upon all the rights of the people was imploring the protection of the people, and he who had assigned a free body into slavery was being dragged to prison, himself lacking the right of liberty—the voice of Appius himself imploring the faith of the Roman people was heard amid the murmur of the assembly. recalled the merits of his ancestors towards the state at home and in war, his own unfortunate zeal towards the Roman plebs, for the sake of equalizing the laws, on account of which he had resigned his consulship to the great offense of the patricians, and his own laws, though they remained in force, the bringer of them was being led to prison. as for his own personal good and bad deeds, he said he would experience them when the opportunity to plead his cause was given; for the present, as a Roman citizen with the common right of the state, a day of trial having been appointed, he demanded that he be allowed to speak and to experience the judgment of the Roman people. had not so greatly feared hatred that he had no hope in the equity and mercy of his fellow citizens.
quod si indicta causa in vincla ducatur, iterum se tribunos plebei appellare et monere, ne imitentur quos oderint. §3.56.12quod si tribuni eodem foedere obligatos se fateantur tollendae appellationis, in quod conspirasse decemviros criminati sint, at se provocare ad populum; inplorare leges de provocatione et consulares et tribunicias eo ipso anno latas.
But if he were to be led to prison without his cause being heard, he said he would again appeal to the tribunes of the plebs, and warn them not to imitate those whom they hated. if the tribunes should confess that they themselves were bound by the same league of abolishing appeal in which they had charged the decemvirs with conspiring, yet he appealed to the people; he implored the laws concerning appeal, both consular and tribunitian, passed in that very year. who would appeal, if this were not allowed to an uncondemned man whose cause had not been heard?
§3.56.13quem enim provocaturum, si hoc indemnato indicta causa non liceat? cui plebeio et humili praesidium in legibus fore, si Appi Claudio non sit? se documento futurum, utrum novis legibus dominatio an libertas firmata sit et appellatio provocatioque adversus iniuriam magistratuum ostentata tantum inanibus litteris an vere data sit.
What plebeian and humble person would have protection in the laws, if Appius Claudius did not? He himself would be a proof whether by the new laws tyranny or liberty had been established, and whether appeal and provocation against the injustice of magistrates were only displayed in empty letters or truly granted.