Galerius remained, curled up on the floor in a fetal position, weeping, while many still laughed at the comical turn of events. Barbara was screaming, even louder, spewing venom at her tormentor. Now in Goth, she cursed, "diabaulus þuk nimai, dwala (may the devil take you [to hell], stupid fool)! Her cries were deafening, and Silva told a servant to brank her again – with extra paste. For good measure, having seen what she could do with her feet, they attached short-chain ankle-shackles. Even as she gagged and nearly vomited at the noxious intrusion, all could see her eyes still flashing hatred at the man on the floor.
After a few minutes, Galerius recovered some self-control and regained his feet. His face was bright red, and spittle dripped down his receding chin. In a high voice, he shrieked out, ”Tata (daddy)! Send for my Tata! Where are the milites (soldiers)? Find the milites! This bitch must be punished!”
Lucius Piso stepped forward, assuming his self-righteous air of a magistrate of Rome. He ordered one of Silva's servants to find some members of the watch. Imperiously he ordered the others to restrain the Goth girl (even though they had already been done so). Having taken charge, he calmly turned to Galerius, “What do you wish to be done with your serva (slave), domine?”
“I want her condemnātūra (condemned – implying to death)! That’s what I want! But first, I want my money back from this dishonest auctioneer! It was an illegal sale!”
“We shall deal with this Goth scum soon enough. But I am afraid that you cannot claim your money back. Along with the others, you had plenty of opportunity to judge the merchandise and hear evidence of her defiance. We all agreed to a sale nihil cautum, and saw the cap placed on her. Multiple Roman citizens witnessed the conclusion of the res mancipi. I declare that you have no grounds to demand a refugium (refund).”
Galerius sputtered in frustration, but the legal logic was unassailable. Instead, he turned his fury on the helpless naked girl. Winding up, he delivered a punch to her jaw that snapped back her head and made her nearly fall. Fortunately for Barb, the youth was in sadly weakened shape, and the blow was not nearly what it might have been.
“Do you have a charge to lay ad servam (against the slave) ?” asked Piso.
"Jove (by Jupiter – even Christian Romans of that day would appeal to the pagan gods when full of fury!) I charge her with lex maiestatis (treason) for attacking the family of the Roman Governor and parricidium for attempting to murder her dominum.”
"Hmm," said Piso, his chin on his hand. "The most serious charges possible under Roman Law. However, they do seem justified and in accord with the evidence. Do any here disagree?"
All nodded in reluctant agreement. They mostly felt sorry for Barb and resented the spoiled youth, but the law was clear. They all owned slaves and were thankful for the extreme condemnation of violence against a master.
Barb struggled against her chains and tried to speak through the brank. Blood ran from a cut on her lip where Galerius’s fist had hit close to the iron brank and a dark bruise had begun to appear on her jaw. The girl tried to object even as her stomach churned with the foul mixture in her mouth. It wasn't just or fair, she thought, that she could be tried like this without pleading her case. However, Roman law was clear; slaves could be condemned on the word of their master and were not allowed to mount any defense*.
Piso drew the back of his toga up over his head. “I find this slave guilt of lex maiestatis and parricidium. I sentence her to death. First, she shall suffer for her parricide, Poena Cullei (penalty of the sack) for una hora et una (one hour and another). Then she flagellabiturbe (shall be flogged) by the garrison and then crucifigetur (shall be crucified).”
*The legal term was “Serva non habet personam” ('a slave has no persona'). She has no personality. She does not own her body; she has no ancestors, no name, no cognomen, no goods of her own.