[11,46] Τούτου κυρωθέντος ὑπὸ τῶν ὑπάτων τοῦ νόμου σὺν ἄλλοις τισὶν ὥσπερ ἔφην δημοτικοῖς εὐθὺς οἱ δήμαρχοι καιρὸν ἐπιτήδειον ἥκειν νομίζοντες, ἐν ᾧ τιμωρήσονται τοὺς περὶ τὸν Ἄππιον, εἰσαγγελίας ᾤοντο δεῖν ποιήσασθαι κατ´ αὐτῶν, οὐχ ἅμα πάντας ὑπάγοντες ὑπὸ τὴν δίκην, ἵνα μηδὲν ἀλλήλους ὠφελῶσιν, ἀλλὰ καθ´ ἕνα· ῥᾷον γὰρ οὕτως ὑπελάμβανον εὐμεταχειρίστους ἔσεσθαι. σκοπούμενοι δ´ ἀπὸ τίνος ἂν ἄρξαιντο ἐπιτηδειοτάτου, τὸν Ἄππιον πρῶτον ἔγνωσαν εὐθύνειν τῶν τ´ ἄλλων ἀδικημάτων ἕνεκα μισούμενον ὑπὸ τοῦ δήμου, καὶ τῶν νεωστὶ περὶ τὴν παρθένον γενομένων παρανομιῶν. ἑλόντες μὲν γὰρ τοῦτον εὐπετῶς ἐδόκουν καὶ τῶν ἄλλων κρατήσειν, εἰ δ´ ἀπὸ τῶν ταπεινοτέρων ἄρξαιντο, μαλακωτέρας ὑπελάμβανον τὰς ὀργὰς τῶν πολιτῶν πρὸς τοὺς ἐπιφανεστάτους καὶ τελευταίους κρινομένους ἔσεσθαι, συντονωτέρας οὔσας ἐπὶ τοῖς προτέροις ἀγῶσιν, ὃ πολλάκις ἤδη συνέβη. ταῦτα βουλευσάμενοι συνέσχον τοὺς ἄνδρας, Ἀππίου δὲ Οὐεργίνιον ἔταξαν ἄνευ κλήρου κατηγορεῖν. εἰσαγγέλλεται δὴ μετὰ τοῦτο εἰς τὸν δῆμον Ἄππιος ὑπὸ τοῦ Οὐεργινίου κατηγορηθεὶς ἐπὶ τῆς ἐκκλησίας καὶ αἰτεῖται χρόνον εἰς ἀπολογίαν. ἀπαχθεὶς δ´ εἰς τὸ δεσμωτήριον, ἵνα φυλάττηται μέχρι δίκης - οὐ γὰρ ἐδόθη διεγγύησις αὐτῷ - πρὶν ἐπιστῆναι τὴν ἀποδειχθεῖσαν ἡμέραν τῆς κρίσεως ἐν τοῖς δεσμοῖς ἀποθνήσκει, ὡς μὲν ἡ τῶν πολλῶν ὑπόληψις ἦν ἐξ ἐπιταγῆς τῶν δημάρχων, ὡς δ´ οἱ τὴν αἰτίαν ἀπολύσασθαι βουλόμενοι διεφήμιζον, αὐτὸς ἑαυτὸν ἀναρτησάμενος βρόχῳ. μετ´ ἐκεῖνον Σπόριος Ὄππιος εἰσαχθεὶς εἰς τὸν δῆμον ὑφ´ ἑτέρου τῶν δημάρχων Ποπλίου Νομιτωρίου καὶ τυχὼν ἀπολογίας ἁπάσαις ἁλίσκεται ταῖς ψήφοις καὶ παραδοθεὶς εἰς τὸ δεσμωτήριον αὐθημερὸν ἀποθνήσκει. οἱ δὲ λοιποὶ τῶν δέκα πρὶν εἰσαγγελθῆναι φυγαῖς αὑτοὺς ἐζημίωσαν. τὰς δ´ οὐσίας τῶν ἀνῃρημένων καὶ τῶν πο ........ οἱ ταμίαι τῆς πόλεως ἀνέλαβον εἰς τὸ δημόσιον. εἰσαγγέλλεται δὲ καὶ Μάρκος Κλαύδιος ὁ τὴν παρθένον ἐπιβαλόμενος ὡς δούλην ἀπάγειν ὑπὸ τοῦ μνηστῆρος αὐτῆς Ἰκιλίου· καὶ τὴν αἰτίαν εἰς τὸν ἐπιτάξαντα παρανομεῖν Ἄππιον ἀναφέρων θανάτου μὲν ἀπολύεται, φυγῇ δ´ ἀιδίῳ ζημιοῦται, τῶν δ´ ἄλλων τῶν ὑπηρετησάντων τι παράνομον τοῖς ὀλιγάρχαις οὐδεὶς ἔσχεν ἀγῶνα δημόσιον, ἀλλὰ πᾶσιν ἄδεια ἐδόθη. ὁ δὲ τοῦτο τὸ πολίτευμα εἰσηγησάμενος ἦν Μάρκος Δοέλλιος ὁ δήμαρχος ἀχθομένων ἤδη τῶν πολιτῶν καὶ τῶν πολεμίων γενέσθαι προσδοκώντων.

[11,46] When this law, together with some others of a popular nature, as I have related, had been ratified by the consuls, the tribunes immediately, believing a fitting occasion had arrived for punishing Appius and his colleagues, thought they ought to bring charges against them, but not to put them all on trial at the same time, in order to prevent their helping one another in any way, but one by one; for they concluded that in this way they would be (p153) easier to manage. And considering which one of them would be the most suitable to begin with, they determined to call Appius to account first, since he was hated by the people, not only because of his other crimes, but particularly because of his recent lawless acts with regard to the maiden. For they judged that if they convicted him they would easily get the better of the others, whereas, if they should begin with those of humbler station, they imagined that the resentment of the citizens, which is always more violent in the earlier trials, would be milder toward the most eminent men if they were tried last — as had often happened before. Having resolved upon this course, they took the decemvirs into custody and appointed Verginius to be the accuser of Appius without drawing lots. Thereupon Appius was cited before the tribunal of the people to answer an accusation brought against him in their assembly by Verginius; and he asked for time to prepare his defence. He was haled to prison to be guarded until his trial, as bail was not allowed him; but before the day appointed for the trial came, he met his death in prison, — according to the suspicion of most people, by order of the tribunes, but according to the report of those who wished to clear them of this charge, by hanging himself. After him, Spurius Oppius was brought before the tribunal of the people by another of the tribunes, Publius Numitorius, and being allowed to make his defence, was unanimously condemned, committed to prison, and put to death the same day. The rest of the decemvirs punished themselves by voluntary exile before they were indicted. The estates both of those (p155) who had been put to death and of those who had made their escape48 were confiscated by the quaestors. Marcus Claudius, who had attempted to take away the maiden as his slave, was also accused by Icilius, her betrothed; however, by putting the blame on Appius, who had ordered him to commit the crime, he escaped death, but was condemned to perpetual banishment. Of the others who had been the instruments of the decemvirs in any crime, none had a public trial, but impunity was granted to them all. This course was proposed by Marcus Duilius, the tribune, when the citizens were already showing irritation and were expecting that - - - would be - - - enemies.