Humanitext Reader

Livy · History of Rome §3.47.1-3.47.8

Verginius' Appeal and the Verdict against Freedom

Passage 173 of 1770 · Latin

Summary

Verginius enters the forum in mourning clothes to appeal to the citizens based on his military service, but Appius cuts short the arguments and delivers an unjust interim ruling in favor of slavery, prompting a passionate protest from the father.

§3.47.1at in urbe prima luce cum civitas in foro expectatione erecta staret, Verginius sordidatus filiam secum obsoleta veste comitantibus aliquot matronis cum ingenti advocatione in forum deducit.
But in the city at dawn, while the citizens stood in the forum excited with expectation, Verginius, clad in mourning, led his daughter, who wore a shabby dress, into the forum with him, accompanied by several matrons and a huge crowd of supporters.
§3.47.2circumire ibi et prensare homines coepit et non orare solum precariam opem, sed pro debita petere: se pro liberis eorum ac coniugibus cottidie in acie stare, nec alium virum esse, cuius strenue ac fortiter facta in bello plura memorari possent; quid prodesse, si incolumi urbe, quae capta ultima timeantur, liberis suis sint patienda?
There he began to go around and clasp the hands of the people, not only begging for their help as a favor, but demanding it as their duty, saying that he stood in the battle line daily for their children and wives, and that there was no other man whose energetic and brave deeds in war could be recounted in greater number; what did it profit them if, while the city was safe, his own children had to suffer what was most feared when a city was captured?
§3.47.3haec prope contionabundus circumibat homines.
He went about among the people saying these things, almost like one delivering a public speech.
§3.47.4similia his ab Icilio iactabantur.
Similar words were being thrown out by Icilius.
comitatus muliebris plus tacito fletu quam ulla vox movebat.
The female company moved people more by their silent weeping than any voice could.
adversus quae omnia obstinato animo Appius — tanta vis amentiae verius quam amoris mentem turbaverat — in tribunal escendit, et ultro querente pauca petitore, quod ius sibi pridie per ambitionem dictum non esset, priusquam aut ille postulatum perageret aut Verginio respondendi daretur locus, Appius interfatur.
In the face of all this, Appius, with an obstinate mind—so great a force of madness, rather than love, had disordered his intellect—ascended the tribunal; and while the claimant was complaining of his own accord in a few words that justice had not been administered to him the day before out of popularity-seeking, Appius interrupted him before either he could finish his demand or an opportunity of replying could be given to Verginius.
quem decreto sermonem praetenderit, §3.47.5forsan aliquem verum auctores antiqui tradiderint; quia nusquam ullum in tanta foeditate decreti veri similem invenio, id, quod constat, nudum videtur proponendum, decresse vindicias secundum servitutem.
What speech he put forward as a pretext for his decree, perhaps some true account has been handed down by ancient authors; because I can find nowhere any speech that seems plausible in the face of such a foul decree, it seems that the bare fact, which is well-established, should be presented: that he decreed interim possession in favor of slavery.
§3.47.6primo stupor omnes admiratione rei tam atrocis defixit; silentium inde aliquamdiu tenuit.
At first, amazement rooted everyone to the spot through astonishment at so atrocious an act; then silence held for some time.
dein, cum M. Claudius circumstantibus matronis iret ad prendendam virginem lamentabilisque eum mulierum comploratio excepisset, §3.47.7Verginius intentans in Appium manus “Icilio” inquit, “Appi, non tibi filiam despondi et ad nuptias, non ad stuprum educavi.
Next, when Marcus Claudius went to seize the maiden while the matrons stood around her, and the lamentable wailing of the women met him, Verginius, stretching out his hands toward Appius, said: "I betrothed my daughter to Icilius, Appius, not to you, and I brought her up for marriage, not for dishonor.
placet pecudum ferarumque ritu promiscue in concubitus ruere? passurine haec isti sint, nescio;
Do you wish to rush into promiscuous intercourse after the manner of cattle and wild beasts?
non spero esse passuros illos, qui arma habent. ” §3.47.8cum repelleretur adsertor virginis a globo mulierum circumstantiumque advocatorum, silentium factum per praeconem.
Whether these people here will suffer this, I know not; I hope those who have weapons will not suffer it." When the claimant of the maiden was being repelled by the crowd of women and the supporters standing around, silence was made by the herald.

Notes

  1. §3.47.2pro debita — The feminine noun 'opem' (help) is understood from the preceding 'precariam opem', meaning 'as a help that was due'.
  2. §3.47.2quid prodesse, si incolumi urbe, quae capta ultima timeantur, liberis suis sint patienda — A rhetorical question in indirect speech, where the main verb is in the infinitive ('quid prodesse', representing 'quid prodest' in direct speech), and the subordinate conditional verb is in the subjunctive ('sint patienda'). The relative clause 'quae capta ultima timeantur' refers to 'things which are most feared when a city is captured'.
  3. §3.47.5decresse vindicias secundum servitutem — 'decresse' is a syncopated form of 'decrevisse'. This accusative and infinitive clause functions to explain the content of 'id, quod constat' (the established fact). 'vindicias decernere secundum servitutem' is a legal technical phrase meaning 'to decree interim possession in favor of slavery', which ran directly counter to the traditional Roman legal principle of granting interim custody in favor of freedom ('vindiciae secundum libertatem').

Cite this passage

Livy, History of Rome §3.47.1-3.47.8. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:3.47.1-3.47.8

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