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Livy · History of Rome §25.4.1-25.4.11

Capital Trial of Postumius and Exile of the Publicans

Passage 758 of 1770 · Latin

Summary

After the consuls reported the violent actions of the publicans to the senate, the tribunes prosecuted Postumius on capital charges, leading to the self-imposed exile of many accomplices.

§25.4.1plebe dimissa senatus vocatur et consules referunt de concilio plebis turbato vi atque audacia publicanorum: §25.4.2M. Furium Camillum, cuius exilium ruina urbis secutura fuerit, damnari se ab iratis civibus passum esse; §25.4.3decemviros ante eum, quorum legibus ad eam diem viverent, multos postea principes civitatis indicium de se populi passos: §25.4.4Postumium Pyrgensem suffragium populo Romano extorsisse, concilium plebis sustulisse, tribunos in ordinem coegisse, contra populum Romanum aciem instruxisse, locum occupasse, ut tribunos a plebe intercluderet, tribus in suffragium vocari prohiberet.
After the assembly of the plebs was dismissed, the senate was convened, and the consuls reported on the disruption of the assembly of the plebs by the violence and audacity of the publicans: that Marcus Furius Camillus, whose exile the ruin of the city was destined to follow, had allowed himself to be condemned by the angry citizens; that before him the decemvirs, by whose laws they lived to that day, and afterwards many leading men of the state had submitted to the judgment of the people upon themselves; whereas Postumius of Pyrgi had extorted the vote from the Roman people, broken up the assembly of the plebs, reduced the tribunes to the ranks, drawn up a battle line against the Roman people, and occupied a position in order to cut off the tribunes from the plebs and prevent the tribes from being called to vote.
§25.4.5nihil aliud a caede ac dimicatione continuisse homines nisi patientiam magstratuum, quod cesserint in praesentia furori atque audaciae paucorum vincique se ac populum Romanum passi sint et comitia, §25.4.6quae reus vi atque armis prohibiturus erat, ne causa quaerentibus dimicationem daretur, voluntate ipsi sua sustulerint.
That nothing else had kept the men from slaughter and conflict except the patience of the magistrates, because for the present they had yielded to the madness and audacity of a few, and had allowed themselves and the Roman people to be overcome, and as for the assembly, which the accused was going to prevent by force and arms, they had of their own accord called it off, lest an opportunity for conflict be given to those who were seeking it.
§25.4.7haec cum ab optimo quoque pro atrocitate rei accepta essent, vimque eam contra rem publicam et pernicioso exemplo factam senatus decresset, §25.4.8confestim Carvilii tribuni plebis omissa multae certatione rei capitalis diem Postumio dixerunt ac, ni vades daret, prendi a viatore atque in carcerem duci iusserunt.
When these matters had been received by all the best citizens in accordance with the atrocity of the affair, and the senate had decreed that this violence was directed against the state and set a pernicious example, immediately the Carvilii, tribunes of the plebs, giving up the contest over the fine, indicted Postumius on a capital charge and ordered him, unless he gave sureties, to be arrested by the summoner and led to prison.
Postumius vadibus datis non adfuit.
Postumius, having given sureties, did not appear.
§25.4.9tribuni plebem rogaverunt plebesque ita scivit, si M. Postumius ante kal. Maias non prodisset citatusque eo die non respondisset neque excusatus esset, videri eum in exilio esse bonaque eius venire, ipsi aqua et igni placere interdici.
The tribunes proposed to the plebs, and the plebs thus decreed: that if Marcus Postumius did not appear before the Kalends of May, and, being summoned on that day, did not answer and was not excused, he should be considered to be in exile, his goods should be sold, and it should be resolved that he be interdicted from water and fire.
§25.4.10singulis deinde eorum, qui turbae ac tumultus concitatores fuerant, rei capitalis diem dicere ac vades poscere coeperunt.
Next, they began to indict on a capital charge each of those who had been instigators of the crowd and riot, and to demand sureties.
§25.4.11primo non dantis, deinde etiam eos, qui dare possent, in carcerem coiciebant; cuius rei periculum vitantes plerique in exilium abierunt.
At first they threw into prison those who did not give them, and then even those who were able to give them; avoiding the danger of this, most of them went into exile.

Notes

  1. 25.4.2cuius exilium ruina urbis secutura fuerit — The verb secutura fuerit (perfect subjunctive) in the relative clause is due to the sequence of tenses in a subordinate clause within indirect discourse (oratio obliqua) introduced by referunt, representing an active periphrastic future in the past (corresponding to secutura erat in direct discourse).
  2. 25.4.5nihil aliud a caede ac dimicatione continuisse homines nisi patientiam magstratuum — An accusative and infinitive clause in indirect discourse. The subject of continuisse is patientiam (accusative) and its object is homines (accusative). The structure nihil aliud ... nisi ... expresses a strong limitation: "nothing else ... except ..." (meaning only the patience of the magistrates held the men back).
  3. 25.4.9bonaque eius venire — The form venire here is the present infinitive of the semi-passive verb veneō ("to be sold"), not of veniō ("to come"). Its subject is bona (neuter plural, "goods" or "property"), forming an accusative and infinitive clause dependent on the plebeian decree (scivit).
  4. 25.4.9ipsi aqua et igni placere interdici — Composed of the passive infinitive interdici used impersonally, the ablatives of separation/deprivation aqua et igni, and the dative of reference ipsi. This is the standard Roman legal formula for banishment ("interdiction of water and fire"), here expressed as an infinitive clause functioning as the subject of placere.

Cite this passage

Livy, History of Rome §25.4.1-25.4.11. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:25.4.1-25.4.11

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