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Livy · History of Rome §3.33.1-3.33.10

Inauguration and Just Early Rule of the Decemvirs

Passage 159 of 1770 · Latin

Summary

In the 302nd year after the founding of Rome, a new governing body of decemvirs is established. Initially, the decemvirs, led by Appius Claudius, govern with great moderation, maintaining internal harmony and administering justice to the citizens with extreme equity.

§3.33.1anno trecentesimo altero, quam condita Roma erat, iterum mutatur forma civitatis, ab consulibus ad decemviros, quem ad modum ab regibus ante ad consules venerat, translato imperio.
In the three hundred and second year after Rome was founded, the form of the state was changed once more, from consuls to decemvirs, just as the supreme power had previously passed from kings to consuls.
minus insignis, quia non diuturna, mutatio fuit.
The change was less remarkable because it was not of long duration.
§3.33.2laeta enim principia magistratus eius nimis luxuriavere; eo citius lapsa res est repetitumque, duobus uti mandaretur consulum nomen imperiumque.
For the joyful beginnings of that magistracy ran into excessive license; so much the more quickly did the system fall, and there was a return to the practice of committing the name and power of consuls to two men.
§3.33.3Decemviri creati Ap. Claudius, T. Genucius, P. Sestius, L. Veturius, C. Iulius, A. Manlius, P. Sulpicius, P. Curiatius, T. Romilius, Sp. Postumius.
The decemvirs elected were Appius Claudius, Titus Genucius, Publius Sestius, Lucius Veturius, Gaius Iulius, Aulus Manlius, Publius Sulpicius, Publius Curiatius, Titus Romilius, and Spurius Postumius.
§3.33.4Claudio et Genucio, quia designati consules in eum annum fuerant, pro honore honos redditus, et Sestio, alteri consulum prioris anni, quod eam rem collega invito ad patres rettulerat.
To Claudius and Genucius, because they had been designated consuls for that year, this honor was returned in place of the other, and to Sestius, one of the consuls of the preceding year, because he had brought this matter before the senate against the will of his colleague.
§3.33.5his proximi habiti legati tres, qui Athenas ierunt, simul ut pro legatione tam longinqua praemio esset honos, simul peritos legum peregrinarum ad condenda nova iura usui fore credebant.
Next to these were ranked the three ambassadors who had gone to Athens, both that the honor might serve as a reward for so distant an embassy, and at the same time because they believed that those skilled in foreign laws would be useful for drawing up new codes.
supplevere ceteri numerum.
The others filled up the number.
§3.33.6graves quoque aetate electos novissimis suffragiis ferunt, quo minus ferociter aliorum scitis adversarentur.
They say that men advanced in years were also elected by the last votes, so that they might less fiercely oppose the decrees of the others.
§3.33.7regimen totius magistratus penes Appium erat favore plebis; adeoque novum sibi ingenium induerat, ut plebicola repente omnisque aurae popularis captator evaderet pro truci saevoque insectatore plebis.
The direction of the entire magistracy was in the hands of Appius through the favor of the plebs; and he had put on so new a character that he suddenly emerged as a friend of the people and a courtier of every popular breeze, instead of a harsh and cruel persecutor of the plebs.
decumo die ius populo singuli reddebant.
On every tenth day, they administered justice to the people one by one.
§3.33.8eo die penes praefectum iuris fasces duodecim erant; collegis novem singuli accensi apparebant.
On that day, the twelve fasces were in the hands of the director of justice; to each of the other nine colleagues, only a single attendant appeared.
et in unica concordia inter ipsos, qui consensus privatis interdum inutilis est, summa adversus alios aequitas erat.
And in the unique harmony among themselves—an agreement which is sometimes disadvantageous to private citizens—there was the greatest equity toward others.
§3.33.9moderationis eorum argumentum exemplo unius rei notasse satis erit.
It will be sufficient to have noted one instance as a proof of their moderation.
cum sine provocatione creati essent, defosso cadavere domi apud P. Sestium, patriciae gentis virum, §3.33.10invento prolatoque in contionem, in re iuxta manifesta atque atroci C. Iulius decemvir diem Sestio dixit et accusator ad populum extitit, cuius rei iudex legitimus erat, decessitque iure suo, ut demptum de vi magistratus populi libertati adiceret.
Although they had been created without the right of appeal, when a corpse was found buried in the house of Publius Sestius, a man of patrician family, and was brought out into the assembly, in a matter as manifest as it was atrocious, Gaius Iulius, a decemvir, set a day for trial for Sestius and stood forth as his accuser before the people, though he was himself the lawful judge of the case, and waived his own right so that he might add what was taken from the power of the magistracy to the liberty of the people.

Notes

  1. §3.33.1anno trecentesimo altero, quam condita Roma erat — The conjunction "quam" is used in correlation with the ablative of time "anno trecentesimo altero" (the 302nd year), functioning similarly to "postquam" ("after Rome had been founded").
  2. §3.33.4Claudio et Genucio ... pro honore honos redditus — The verb "est" is omitted in "redditus [est]". "Claudio et Genucio" are in the dative case, functioning as datives of advantage ("to Claudius and Genucius") rather than datives of agent.
  3. §3.33.6graves quoque aetate electos novissimis suffragiis ferunt — The object of "ferunt" ("they report") is an accusative with infinitive construction, "electos [esse]", with the infinitive "esse" omitted. "graves aetate" (those advanced in age) serves as its subject accusative.
  4. §3.33.10cuius rei iudex legitimus erat, decessitque iure suo — The antecedent of the relative genitive "cuius rei" (of which matter) is the criminal case ("re iuxta manifesta atque atroci"). "decessit iure suo" (literally "withdrew from his own right") means that the decemvir voluntarily waived his absolute judicial prerogative.

Cite this passage

Livy, History of Rome §3.33.1-3.33.10. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:3.33.1-3.33.10

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