Humanitext Reader

Livy · History of Rome §3.45.1-3.45.11

Appius' Unjust Verdict and the Defiance of Icilius

Passage 171 of 1770 · Latin

Summary

When Appius delivers an unjust interim judgment using his own law as a pretext, the maiden's betrothed Icilius fiercely protests, declaring his resolve to protect her at the cost of his life.

§3.45.1Appius decreto praefatur, quam libertati faverit, eam ipsam legem declarare, quam Vergini amici postulationi suae praetendant; §3.45.2ceterum ita in ea firmum libertati fore praesidium, si nec causis nec personis variet; in iis enim, qui adserantur in libertatem, quia quivis lege agere possit, id iuris esse; in ea, quae in patris manu sit, neminem esse alium, cui dominus possessione cedat; §3.45.3placere itaque patrem arcessiri, interea iuris sui iacturam adsertorem non facere, quin ducat puellam sistendamque in adventum eius, qui pater dicatur, promittat.
Appius premised his decree by saying that how much he favored freedom was declared by that very law which the friends of Verginius put forward in support of their demand; but that there would be a firm protection for freedom in it only if it did not vary with cases or persons; for in the case of those who are claimed as free, since anyone can act by law, that was the rule of law; but in the case of her who was in her father's power, there was no other person to whom the owner could yield custody; therefore, it was his pleasure that the father be summoned, and in the meantime the claimant should not suffer the loss of his right to lead the girl away, and should promise that she would be produced upon the arrival of him who was called her father.
§3.45.4adversus iniuriam decreti cum multi magis fremerent, quam quisquam unus recusare auderet, P. Numitorius, puellae avus, et sponsus Icilius interveniunt; dataque inter turbam via, §3.45.5cum multitudo Icili maxime interventu resisti posse Appio crederet, lictor decresse ait vociferantemque Icilium submovet.
While many were rather murmuring against the injustice of the decree than any single person dared to refuse it, P. Numitorius, the girl's grandfather, and her betrothed Icilius intervened; and a way being made through the crowd, although the multitude believed that Appius could be resisted especially by the intervention of Icilius, the lictor said that he had already decreed, and pushed back Icilius as he was vociferating.
§3.45.6placidum quoque ingenium tam atrox iniuria accendisset.
Even a calm disposition would have been inflamed by so atrocious an injury.
“ferro hinc tibi submovendus sum, Appi,” inquit, “ut tacitum feras, quod celari vis.
"You must push me away from here with steel, Appius," he said, "in order that you may carry off in silence what you wish to be concealed.
§3.45.7virginem ego hanc sum ducturus nuptamque pudicam habiturus.
I am going to marry this maiden and hold her as my chaste wife.
proinde omnes collegarum quoque lictores convoca; expediri virgas et secures iube; non manebit extra domum patris sponsa Icili.
Therefore, summon all the lictors of your colleagues too; order the rods and axes to be made ready; the betrothed of Icilius shall not remain outside her father's house.
§3.45.8non, si tribunicium auxilium et provocationem plebi Romanae, duas arces libertatis tuendae, ademistis, ideo in liberos quoque nostros coniugesque regnum vestrae libidini datum est.
Not because you have taken away the tribunician aid and the right of appeal from the Roman plebs, the two citadels for protecting freedom, has absolute power over our children and wives therefore been given to your lust.
§3.45.9saevite in tergum et in cervices nostras; pudicitia saltem in tuto sit! huic si vis adferetur, ego praesentium Quiritium pro sponsa, Verginius militum pro unica filia, omnes deorum hominumque inplorabimus fidem, neque tu istud umquam decretum sine caede nostra referes.
Vent your rage upon our backs and necks; let chastity at least be safe! If violence is offered to her, I will implore the protection of the citizens present for my betrothed, Verginius that of the soldiers for his only daughter, and all of us that of gods and men; nor shall you ever carry out that decree of yours without our slaughter.
§3.45.10postulo, Appi, etiam atque etiam consideres, quo progrediare.
I demand, Appius, again and again, that you consider where you are going.
§3.45.11Verginius viderit de filia, ubi venerit, quid agat; hoc tantum sciat, sibi, si huius vindiciis cesserit, condicionem filiae quaerendam esse.
Let Verginius see to what he will do concerning his daughter when he comes; only let him know this, that if he yields to the claim on her, he must seek a new condition for his daughter.
me vindicantem sponsam in libertatem vita citius deseret quam fides. ”
As for me, in claiming my betrothed for freedom, life shall desert me sooner than my loyalty."

Notes

  1. 3.45.1declarare — This infinitive functions as the main verb in the indirect speech (Oratio Obliqua) following praefatur, with eam ipsam legem as its subject. The clause quam libertati faverit (how much he favored freedom) forms an indirect question acting as the object of declarare.
  2. 3.45.2in ea — In this context, ea is the feminine ablative singular of the pronoun referring to the maiden (puella), which with the preposition in means 'in her case'. It is used in contrast with the preceding in iis (in the case of those).
  3. 3.45.3quin ducat — The quin clause with the subjunctive ducat is used following the negative idea in the noun iacturam (loss). Here it indicates a hindrance or consequence: 'without the claimant losing his right of leading her away'.
  4. 3.45.6accendisset — This is a pluperfect subjunctive expressing a past unfulfilled condition (or potentiality) with the protasis omitted: 'even a calm disposition would have been inflamed (if it had faced such an injury)'.
  5. 3.45.11sibi — This is a dative of agent with the gerundive quaerendam esse, and is a reflexive pronoun referring back to the subject of the main governing clause (Verginius, who is the logical subject of the subordinate clause in indirect speech).

Cite this passage

Livy, History of Rome §3.45.1-3.45.11. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:3.45.1-3.45.11

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