Humanitext Reader

Dionysius of Halicarnassus · Roman Antiquities §11.29.1-11.29.4

Marcus Claudius Claims Ownership of Verginia

Passage 829 of 962 · Greek

Summary

Marcus Claudius argues before Appius that the girl is the daughter of his female slave, substituted by Verginius' wife, and demands her custody based on the law.

§11.29.1σιωπῆς δὲ γενομένης Μάρκος Κλαύδιος ὁ τῆς παιδὸς ἐπιλαβόμενος τοιοῦτον διεξῆλθε λόγον· οὐδὲν οὔτε προπετὲς οὔτε βίαιον πέπρακταί μοι περὶ τὴν κόρην, Ἄππιε Κλαύδιε· κύριος δʼ αὐτῆς ὢν κατὰ τοὺς νόμους ἄγω.
When silence was obtained, Marcus Claudius, who had laid hold of the girl, spoke as follows: "I have done nothing rash or violent regarding the girl, Appius Claudius; but since I am her master according to the laws, I am leading her away.
ὃν δὲ τρόπον ἐστὶν ἐμή, μάθε.
Learn in what manner she is mine.
§11.29.2μοι θεράπαινα πατρικὴ πολλοὺς πάνυ δουλεύουσα χρόνους.
I have a female slave inherited from my father, who has served for a very long time.
ταύτην κύουσαν ἡ Οὐεργινίου γυνὴ συνήθη καὶ εἰσοδίαν οὖσαν ἔπεισεν ἐὰν τέκῃ, δοῦναι τὸ παιδίον αὐτῇ.
When she was pregnant, the wife of Verginius, who was an acquaintance and a frequent visitor, persuaded her that, if she should give birth, she should give the child to her.
κἀκείνη φυλάττουσα τὰς ὑποσχέσεις γενομένης αὐτῇ ταύτης τῆς θυγατρὸς πρὸς μὲν ἡμᾶς ἐσκήψατο νεκρὸν τεκεῖν, τῇ δὲ Νομιτωρίᾳ δίδωσι τὸ παιδίον· ἡ δὲ λαβοῦσα ὑποβάλλεται καὶ τρέφει παίδων οὔτʼ ἀρρένων οὔτε θηλειῶν οὖσα μήτηρ.
And she, keeping her promises, when this daughter was born to her, pretended to us that she had given birth to a dead child, but gave the infant to Numitoria; and she, having received it, passed it off as her own and brought it up, being herself mother of neither male nor female children.
§11.29.3πρότερον οὖν ἐλάνθανέ με ταῦτα, νῦν δὲ διὰ μηνύσεως ἐπιγνοὺς καὶ μάρτυρας ἔχων πολλοὺς καὶ ἀγαθοὺς καὶ τὴν θεράπαιναν ἐξητακὼς ἐπὶ τὸν κοινὸν ἁπάντων καταφεύγω νόμον, ὃς οὐ τῶν ὑποβαλλομένων, ἀλλὰ τῶν μητέρων εἶναι τὰ ἔκγονα δικαιοῖ, ἐλευθέρων μὲν οὐσῶν ἐλεύθερα, δούλων δὲ δοῦλα, τοὺς αὐτοὺς ἔχοντα κυρίους, §11.29.4οὓς ἂν καὶ αἱ μητέρες αὐτῶν ἔχωσι.
Formerly, then, these things escaped my notice, but now, having discovered them through information and having many good witnesses and having examined the female slave, I flee to the common law of all, which ordains that offspring belong not to those who substitute them, but to their mothers—free, if the mothers are free, and slave, if they are slaves—having the same masters as their mothers also have.
κατὰ τοῦτον τὸν νόμον ἀξιῶ τὴν θυγατέρα τῆς ἐμῆς θεραπαίνης ἄγειν καὶ δίκας ὑπέχειν βουλόμενος, ἐὰν ἀντιποιῆταί τις ἐγγυητὰς καθιστὰς ἀξιοχρέους ἄξειν αὐτὴν ἐπὶ τὴν δίκην· εἰ δὲ ταχεῖαν βούλεταί τις γενέσθαι τὴν διάγνωσιν, ἕτοιμος ἐπὶ σοῦ λέγειν τὴν δίκην αὐτίκα μάλα, καὶ μὴ διεγγυᾶν τὸ σῶμα μηδʼ ἀναβολὰς τῷ πράγματι προσάγειν·
According to this law, I demand to lead away the daughter of my female slave, being willing to undergo trial if anyone disputes my claim, by providing sufficient sureties that I will produce her for the trial; but if anyone wishes the decision to be swift, I am ready to plead the cause before you this very moment, and not to bail the person nor to bring delays to the matter.
ὁποτέραν δʼ ἂν οὗτοι βουληθῶσι τῶν αἱρέσεων, ἑλέσθωσαν.
Whichever of these choices they wish, let them choose."

Notes

  1. §11.29.2ὑποβάλλεται — Middle voice of the verb ὑποβάλλω, meaning here "to substitute" or "to falsely present another's child as one's own." It is a technical term used in ancient Greek and Roman legal and theatrical contexts to describe a barren wife passing off another's child as her own (ὑποβολή).
  2. §11.29.3ἐλάνθανέ με ταῦτα — The verb λανθάνω with an inanimate subject (ταῦτα) and an accusative of person (με), expressing the state of "these things escaped my notice" (i.e., "I did not know these things"). This is a variation of the construction where λανθάνω is usually accompanied by a participle, with the accusative word functioning as the subject of cognition.
  3. §11.29.4διεγγυᾶν τὸ σῶμα — A legal idiom meaning "to release the person (σῶμα) to sureties (bail)." In litigation, this refers to securing the temporary release of an individual whose status is disputed, by providing financial guarantors until the final verdict. Here, it is used to show readiness to proceed with an immediate trial without using such delaying procedures.

Cite this passage

Dionysius of Halicarnassus, Roman Antiquities §11.29.1-11.29.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0081.tlg001.humanitext-grc2:11.29.1-11.29.4

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