the
girl is not _sui juris_, she must be in the power, either of Virginius,
who says he is her father, or of Claudius, who says he is her master.
But since Virginius is not present, that she can be in the power of no
one but Claudius, until Virginius arrive.

I cannot resist the temptation of giving in full Mr. Gunn's note on the
passage, as found in his very neat edition of our author.

"Appius for his own purposes, in interpreting his own law, introduces a
distinction betwixt those who were _sui juris_, entirely free, and those
who were subject to the _patria potestas_. The law, according to him,
can apply only to the former, because in them only is there a true claim
for liberty, and in them only could a judge give an interim decision
_secundum libertatem_. To give such a decision in favour of Virginia,
would be a _variatio personarum_; it would be introducing as entitled to
the benefit of the law a class of persons, who were, even according to
their own statements, not entitled to _vindiciae secundum libertatem_.
Besides, and most important of all, the law could act in the former, as
any citizen was entitled to plead the cause of one presumptively free.
But in this case no one could plead, but either the father as master on
the one hand, or the alleged master on the other: as the father was not
present, consequently no one had any legal claim to urge the law."]

[Footnote 147: _Si nec causis nec personis variet._ Sc. lex variet. Some
understand _libertas_ as the nominative to variet.]

[Footnote 148: _Because any person_. "As the law permits any strangers
to interpose in vindicating an individual's liberty, they have an
undoubted right so to do. But the question is not whether this maiden is
free: that she cannot be in any case; for she belongs either to her
father or her master. Now as her father is not present to take charge of
her, no one here but her master can have any title to her." Appius
argues that he could not pronounce in favour of her temporary liberty,
without prejudice to her father's right and power over her: as there was
no one present, who claimed a legal right to the possession of her but
M. Claudius, the judge had no alternative but to award her during the
interim to his safe keeping.--_Stocker._]

46. The multitude was now excited, and a contest seemed likely to ensue.
The lictors had taken their stand around Icilius; nor did they, however,
proceed beyond threats, when Appius said, "that it