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Livy · History of Rome §3.34.1-3.34.8

Passage of the Ten Tables and Desire for New Decemvirs

Passage 160 of 1770 · Latin

Summary

The decemvirs presented the first ten tables of laws to the people for feedback and passed them in the centuriate assembly. Soon, rumors spread that two more tables were needed to complete the law code, leading to a strong desire to elect decemvirs again.

§3.34.1cum promptum hoc ius velut ex oraculo incorruptum pariter ab iis summi infimique ferrent, tum legibus condendis opera dabatur; ingentique hominum expectatione propositis decem tabulis populum ad contionem advocaverunt et, §3.34.2quod bonum, faustum felixque rei publicae, ipsis liberisque eorum esset, ire et legere leges propositas iussere.
While they received this prompt justice, as if from an oracle, as uncorrupted alike by the highest and the lowest, at the same time attention was devoted to drawing up the laws; and amidst the great expectation of the people, having set up the ten tables, they summoned the people to an assembly and, praying that it might be good, auspicious, and fortunate for the commonwealth, for themselves, and for their children, they ordered them to go and read the proposed laws.
§3.34.3se, quantum decem hominum ingeniis provideri potuerit, omnibus, summis infimisque, iura aequasse; §3.34.4plus pollere multorum ingenia consiliaque.
They said that, as far as could be provided by the intellects of ten men, they had equalized the laws for all, the highest and the lowest; but that the intellects and counsels of many had more power.
versarent in animis secum unamquamque rem, agitarent deinde sermonibus atque in medium, quid in quaque re plus minusve esset, conferrent: §3.34.5eas leges habiturum populum Romanum, quas consensus omnium non iussisse latas magis quam tulisse videri posset.
They should revolve each matter in their minds with themselves, then discuss them in conversation, and bring into public what was too much or too little in each matter: the Roman people would have such laws as the consensus of all could seem not so much to have ordered when proposed, as to have brought forward themselves.
§3.34.6cum ad rumores hominum de unoquoque legum capite editos satis correctae viderentur, centuriatis comitiis decem tabularum leges perlatae sunt, qui nunc quoque in hoc inmenso aliarum super alias acervatarum legum cumulo fons omnis publici privatique est iuris.
When, according to the rumors of men published concerning each head of the laws, they seemed sufficiently corrected, the laws of the ten tables were passed at the centuriate assembly, which even now, in this immense pile of laws heaped one upon another, is the source of all public and private law.
vulgatur deinde rumor duas deesse tabulas, §3.34.7quibus adiectis absolvi posse velut corpus omnis Romani iuris.
Then a rumor was spread that two tables were missing, by the addition of which, as it were, the whole body of Roman law could be completed.
ea expectatio, cum dies comitiorum adpropinquaret, desiderium decemviros iterum creandi fecit.
This expectation, as the day of the elections approached, created a desire to elect decemvirs again.
§3.34.8iam plebs, praeterquam quod consulum nomen haud secus quam regum perosa erat, ne tribunicium quidem auxilium cedentibus in vicem appellationi decemviris quaerebat.
Now the plebs, besides the fact that they hated the name of consuls no less than that of kings, did not even seek tribunician assistance, since the decemvirs yielded in turn to appeals.

Notes

  1. 3.34.4versarent ... agitarent deinde ... conferrent — In indirect speech (oratio obliqua), these imperfect subjunctives (third-person plural) represent what would be imperatives or hortatory/deliberative subjunctives in direct speech, following the sequence of tenses after a past main verb. The implied subject is the individual members of the populace.
  2. 3.34.5non iussisse latas magis quam tulisse — In the relative clause with the relative pronoun `quas` (referring to `leges`), `latas` is a perfect participle modifying `quas`. `iussisse` and `tulisse` are perfect infinitives whose subject is `consensus omnium`. It contrasts the Roman constitutional terms `ferre legem` (to propose a law) and `iubere legem` (to enact a proposed law), meaning that the laws could seem "not so much to have enacted them after they were proposed, as to have proposed them themselves."
  3. 3.34.8cedentibus in vicem appellationi decemviris — An ablative absolute construction (expressing cause or circumstance) consisting of the noun `decemviris` and the present participle `cedentibus`. `cedentibus` is a participle of the intransitive verb `cedere` (to yield, submit), which governs the dative `appellationi` (appeal). `in vicem` (in turn, mutually) indicates that the decemvirs mutually accepted appeals made by citizens against each other's judicial decisions.

Cite this passage

Livy, History of Rome §3.34.1-3.34.8. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:3.34.1-3.34.8

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