6.6. 6. Of a single Magistrate.
A magistracy of this kind cannot take place but in a despotic
government. We have an instance in the Roman history how far a single
magistrate may abuse his power. Might it not be very well expected that
Appius on his tribunal should contemn all laws, after having violated
that of his own enacting?
[19]
Livy has given us the iniquitous distinction of the Decemvir. He had suborned
a man to reclaim Virginia in his presence as his slave; Virginia's relatives insisted that by
virtue of his own law she should be consigned to them, till the
definitive judgment was passed. Upon which he declared that his law had
been enacted only in favour of the father, and that as Virginius was
absent, no application could be made of it to the present case.
[20]
Footnotes
[19]
See Leg. 2, 24, Dig. ff. de orig. jur.
[20]
Quod pater puellæ abesset, locum injuriæ esse ratus. — Livy,
dec. I, iii. 44.
