[11,30] Τοιαῦτ´ εἰπόντος Κλαυδίου καὶ πολλὴν προσθέντος
δέησιν ὑπὲρ τοῦ μηδὲν ἐλαττωθῆναι τῶν ἀντιδίκων,
ὅτι πελάτης ἦν καὶ ταπεινός, παραλαβὼν τὸν
λόγον ὁ τῆς κόρης θεῖος ὀλίγα καὶ αὐτὰ τὰ πρὸς τὸν
ἄρχοντα εἰρῆσθαι προσήκοντα εἶπε· πατέρα μὲν οὖν
εἶναι τῆς κόρης λέγων Οὐεργίνιον ἐκ τῶν δημοτικῶν,
ὃν ἀποδημεῖν στρατευόμενον ὑπὲρ τῆς πόλεως· μητέρα
δὲ γενέσθαι Νομιτωρίαν τὴν ἀδελφὴν τὴν ἑαυτοῦ,
σώφρονα καὶ ἀγαθὴν γυναῖκα, ἣν οὐ πολλοῖς πρότερον
ἐνιαυτοῖς ἀποθανεῖν· τραφεῖσαν δὲ τὴν παρθένον, ὡς
ἐλευθέρᾳ καὶ ἀστῇ προσῆκεν, ἁρμοσθῆναι
κατὰ νόμον Ἰκιλίῳ, καὶ τέλος ἂν ἐσχηκέναι τὸν γάμον,
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. 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
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. 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. 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· 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
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· 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.
| [11,30] After Claudius had spoken thus and had added an urgent plea that he might be at
no disadvantage as compared with his adversaries because (p101) 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.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 but any and every
means gratify his desires.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 (p103) to deprive him of
his liberty, but the man who maintains it, that has the custody of him until the trial.
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.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: "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.But as for us," he said, "we have no need of
speeches nor of peace nor of a throng of friends and (p105) 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."
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