Followed by the crowd, he led the weeping maiden to where Appius Claudius occupied the judgment-seat, and demanded justice at his hands. He declared that the wife of Virginius, being childless, had got this child from its mother and presented it to Virginius as her own, and said that the real mother had been his slave, and that, therefore, the daughter was his slave also. This he would prove to Virginius on his return to Rome. Meanwhile it was but just that the master should keep possession of his slave.
This specious appeal was earnestly combated by the friends of the maiden, many of whom were present in the throng. Virginius, they said, was absent from Rome in the service of the commonwealth. To take such action in his absence was unjust. They would send him word at once, and in two days he would be in the city.
"Let the case stand until he can appear," they demanded. "The law expressly declares that in cases like this every one shall be considered free till proved a slave. The maiden, therefore, should legally be left with her friends till the day of trial. Put not her fair fame in peril by giving up a free-born maiden into the hands of a man whom she knows not."
To this reasonable appeal Appius, with a show of judicial moderation, replied,—
"Truly, I know the law you speak of, and hold it just and good, for it was enacted by myself. But this maiden cannot in any case be free; she belongs either to her father or to her master. And as her father is not here, who but her master can have any claim to her? I decide, therefore, that M. Claudius shall keep her till Virginius comes, and shall require him to give sureties to bring her before my judgment-seat when the day comes for hearing the case between them."
This illegal decision was far from satisfying the multitude. The decemvirs and their adherents had gained an unholy reputation for dishonorable treatment of the wives and daughters of the people, and it was not safe to trust a maiden in their hands. Word had been hastily sent to Numitorius, the uncle of Virginia, and Icilius, her betrothed, and they now came up in great haste, and protested so vigorously against the sentence, that the surrounding people became roused to fury. Appius, seeing the temper of the throng, and fearing a riotous demonstration, felt forced to change his decision. He said, therefore, that, in view of the rights of fathers over their children, he would let the case rest till the next day.
"If, then," he said, with a show of stern dignity, "Virginius does not appear, I plainly tell Icilius and his fellows that I will support the laws which I have made. Violence shall not prevail over justice at this tribunal."
Obliged to be content with this, the friends of Virginia conducted her home, and Icilius sent messengers in all haste to the camp, to bid Virginius come without an hour's delay to Rome. Surety was given that the maiden should appear before Appius the next day.
It was fortunate that the army in which Virginius was a centurion had been obliged to retreat, and then lay not many miles from Rome. The messengers sent reached the camp that same evening, and told Virginius of the peril of his daughter. Appius had also sent messengers to his colleagues in command of the army, secretly instructing them not to let Virginius leave the camp on any pretence. But the messengers of right outstripped those of wrong, and when word came from the decemvirs in command to restrain Virginius he had already been given leave of absence, and was speeding on the road to Rome, spurred by love and indignation.
Morning came, and Appius resumed his judgment-seat, under the delusion that his vile scheme was safe. To his surprise and dismay, he saw Virginius, whom he supposed detained in camp, dressed in mean attire, like a suppliant, and leading his daughter into the Forum. With him came a body of Roman matrons and a great troop of friends, for the affair had roused the people almost to the point of revolt.