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Livy · History of Rome §3.41.1-3.41.10

The Senate's Compromise and Military Levies by the Decemvirs

Passage 167 of 1770 · Latin

Summary

With the support of younger senators, the decemvirs' proposal was about to pass; after a near-clash between Appius and the protesting Valerius, Cornelius mediated to avoid a crisis, leading to the decree of a levy. The decemvirs assigned their roles, keeping Appius and Oppius to guard Rome while sending Fabius and others to the Sabine war.

§3.41.1in hanc sententiam ut discederetur, iuniores patrum evincebant.
The younger of the senators were prevailing that a division should be made in favor of this opinion.
ferocioresque iterum coorti Valerius Horatiusque vociferari, ut de re publica liceret dicere; dicturos ad populum, si in senatu per factionem non liceat; neque enim sibi privatos aut in curia aut in contione posse obstare neque se imaginariis fascibus eorum cessuros esse. §3.41.2tum Appius, iam prope esse ratus, ut, ni violentiae eorum pari resisteretur audacia, victum imperium esset, §3.41.3“non erit melius” inquit, “nisi de quo consulimus vocem misisse” et ad Valerium, negantem se privato reticere, lictorem accedere iussit.
And Valerius and Horatius, rising up again more fiercely, vociferated that they should be allowed to speak concerning the state; [saying] that they would speak to the people if they were not allowed in the senate because of the faction; for neither could private citizens obstruct them either in the senate-house or in the assembly, nor would they yield to their imaginary fasces. Then Appius, thinking that the time was now near when, unless their violence were resisted with equal audacity, their power would be overcome, said: "It will not be better for you, unless you hold your tongue except on the subject on which we consult you," and ordered a lictor to approach Valerius, who refused to be silent before a private citizen.
iam Quiritium fidem inplorante Valerio a curiae limine, §3.41.4L. Cornelius complexus Appium non cui simulabat consulendo diremit certamen; factaque per Cornelium Valerio dicendi gratia, quae vellet, cum libertas non ultra vocem excessisset, decemviri propositum tenuere. §3.41.5consulares quoque ac seniores ab residuo tribuniciae potestatis odio, cuius desiderium plebi multo acrius quam consularis imperii rebantur esse, prope malebant postmodo ipsos decemviros voluntate abire magistratu quam invidia eorum exsurgere rursus plebem; §3.41.6si leniter ducta res sine populari strepitu ad consules redisset, aut bellis interpositis aut moderatione consulum in imperiis exercendis posse in oblivionem tribunorum plebem adduci.
While Valerius was already imploring the protection of the citizens from the threshold of the senate-house, Lucius Cornelius, embracing Appius, ended the dispute, by consulting the interest of the one whom he was not pretending to consult; and when, through Cornelius, the opportunity of speaking what he wished was granted to Valerius, since his liberty did not exceed mere words, the decemvirs maintained their purpose. The consulars also and the older senators, from their remaining hatred of the tribunician power, the desire for which they believed to be much more ardent in the commons than that of the consular power, almost preferred that the decemvirs themselves should afterwards voluntarily resign their office, rather than that the commons should rise again in resentment of them; [thinking] that if the business, being gently conducted without popular tumult, should return to the consuls, either by the intervention of wars or by the moderation of the consuls in exercising their power, the commons might be brought to forget the tribunes.
silentio patrum edicitur dilectus. §3.41.7iuniores, cum sine provocatione imperium esset, ad nomina respondent.
In the silence of the senators, a levy was proclaimed. The younger men, since the power was without appeal, answered to their names.
legionibus scriptis inter se decemviri conparant, quos ire ad bellum, quos praeesse exercitibus oporteret.
The legions having been enrolled, the decemvirs arranged among themselves who should go to the war, and who should command the armies.
principes inter decemviros erant Q. Fabius §3.41.8et Ap. Claudius.
The chief men among the decemvirs were Quintus Fabius and Appius Claudius.
bellum domi maius quam foris apparebat.
The war at home appeared greater than that abroad.
Appi violentiam aptiorem rati ad conprimendos urbanos motus.
They thought Appius's violence more suitable for suppressing urban tumults.
in Fabio magis in bono non constans quam navam in malitia ingenium esse. §3.41.9hunc enim virum, egregium olim domi militiaeque, decemviratus collegaeque ita mutaverant, ut Appi quam sui similis mallet esse.
In Fabius, they thought there was a character not constant in good rather than active in wickedness. For the decemvirate and his colleagues had so changed this man, once distinguished at home and in war, that he preferred to be like Appius rather than himself.
huic bellum in Sabinis M’. Rabuleio et Q. Poetelio additis collegis mandatum. §3.41.10M. Cornelius in Algidum missus cum L. Minucio et T. Antonio et K. Duillio et M. Sergio.
To him the war against the Sabines was committed, with Manius Rabuleius and Quintus Poetelius added as colleagues. Marcus Cornelius was sent to Algidus with Lucius Minucius, Titus Antonius, Kaeso Duillius, and Marcus Sergius.
Sp. Oppium Ap. Claudio adiutorem ad urbem tuendam aequo omnium decemvirorum imperio decernunt.
They decreed Spurius Oppius to be an assistant to Appius Claudius for defending the city, with equal power to all the decemvirs.

Notes

  1. 3.41.1in hanc sententiam ut discederetur — `discedere` refers to the division of the house in the Roman Senate, where senators physically walked to one side or the other to vote. The `ut` clause acts as a substantival or final object clause of `evincebant`, meaning that they were prevailing so that a division should be made in this direction.
  2. 3.41.2prope esse ratus, ut, ni... — `prope esse` is used impersonally to mean "that it was near to a state where...", with the following `ut` clause expressing the actual result. `ni... resisteretur, victum... esset` functions as a conditional clause in indirect speech representing Appius's thought.
  3. 3.41.3non erit melius... nisi... — `non erit melius` is a euphemistic threat meaning "it will go badly for you". `nisi... vocem misisse` introduces the exception ("unless you have kept silence on matters we do not consult you on"). The perfect infinitive `vocem misisse` here emphasizes the completed act of speaking or refraining from speaking.
  4. 3.41.4non cui simulabat consulendo — A highly compressed and ironical expression equivalent to `non consulendo [ei] cui simulabat [se consulere]`. It implies that Lucius Cornelius, while pretending to consult the interests of Appius (by embracing him), actually resolved the dispute to the advantage of the opposing side.
  5. 3.41.8in Fabio magis in bono non constans quam navam in malitia ingenium esse — A contrast of `magis non constans in bono quam navam in malitia`. It describes Fabius's character (`ingenium`) as being "inconstant in goodness rather than actively energetic in wickedness," highlighting his weakness and corruption under the influence of the decemvirate.

Cite this passage

Livy, History of Rome §3.41.1-3.41.10. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:3.41.1-3.41.10

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