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Livy · History of Rome §39.19.1-39.19.7

Rewards for the Informants and Imprisonment of Cerrinius

Passage 1466 of 1770 · Latin

Summary

The senate decreed financial rewards and exceptional legal privileges for the informants Publius Aebutius and Hispala Fecenia, while ordering the strict confinement of the key suspect Minius Cerrinius.

§39.19.1aliud deinde huic coniunctum referente Q. Marcio consule senatus consultum factum est, ut de iis, quos pro indicibus consules habuissent, integra res ad senatum referretur, cum Sp. Postumius quaestionibus perfectis Romam redisset.
Then another decree of the senate, connected with this, was made on the motion of the consul Quintus Marcius, that concerning those whom the consuls had treated as informants, the matter should be referred back to the senate undecided when Spurius Postumius had returned to Rome after completing the inquiries.
§39.19.2Minium Cerrinium Campanum Ardeam in vincula mittendum censuerunt, magistratibusque Ardeatium praedicendum, ut intentiore eum custodia adservarent, non solum ne effugeret, sed ne mortis consciscendae locum haberet.
They decreed that Minius Cerrinius the Campanian should be sent to Ardea into chains, and that the magistrates of Ardea should be warned beforehand to guard him with closer custody, not only so that he might not escape, but also that he might have no opportunity for committing suicide.
Sp. Postumius aliquanto post Romam venit: §39.19.3eo referente de P. Aebutii et Hispalae Feceniae praemio, quod eorum opera indicata Bacchanalia essent, §39.19.4senatus consultum factum est, uti singulis his centena milia aeris quaestores urbani ex aerario darent; utique consul cum tribunis plebis ageret, ut ad plebem primo quoque tempore ferrent, ut P. Aebutio emerita stipendia essent, ne invitus militaret neve censor ei invito equum publicum adsignaret; §39.19.5utique Feceniae Hispalae datio, deminutio, gentis enuptio, tutoris optio item esset, quasi ei vir testamento dedisset; utique ei ingenuo nubere liceret, neu quid ei qui eam duxisset ob id fraudi ignominiaeve esset; §39.19.6utique consules praetoresque, qui nunc essent quive postea futuri essent, curarent, ne quid ei mulieri iniuriae fieret, utique tuto esset.
Spurius Postumius came to Rome some time later: on his making a motion concerning the reward of Publius Aebutius and Hispala Fecenia, because the Bacchanalia had been disclosed by their agency, a decree of the senate was made that the urban praetors should give from the treasury one hundred thousand asses of bronze to each of them; and that the consul should act with the tribunes of the plebs to bring it before the plebs at the very first opportunity, that Publius Aebutius should have his military service considered completed, so that he should not serve against his will, nor should any censor assign a public horse to him against his will; and that Fecenia Hispala should have the right of giving, of diminishing, of marrying out of her gens, and of choosing a guardian, just as if a husband had given them to her by will; and that she should be allowed to marry a freeborn man, and that it should not be a source of loss or disgrace to him who should marry her on that account; and that the consuls and praetors who now were or who should be hereafter should take care that no injury should be done to that woman, and that she should be in safety.
id senatum velle et aequum censere, ut ita fieret.
The senate wished and decreed it to be so done.
§39.19.7ea omnia lata ad plebem factaque sunt ex senatus consulto; de ceterorum indicum impunitate praemiisque consulibus permissum est.
All those things were proposed to the plebs and carried in accordance with the decree of the senate; regarding the impunity and rewards of the other informants, the decision was left to the consuls.

Notes

  1. §39.19.1integra res — Literally "an untouched matter," meaning that the case is referred back to the senate without any prior binding commitment, allowing them full freedom of action.
  2. §39.19.2Minium Cerrinium Campanum Ardeam in vincula mittendum — The gerundives `mittendum` and `praedicendum` (with `esse` omitted) form passive periphrastic accusative-and-infinitive clauses, serving as the direct objects of the verb `censuerunt` ("they decreed").
  3. §39.19.5deminutio — In Roman law, this refers to the diminution of property (or possibly `capitis deminutio`, a change of civil status). This represents a special privilege granted to a woman to perform legal acts that would normally require a guardian's consent.

Cite this passage

Livy, History of Rome §39.19.1-39.19.7. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:39.19.1-39.19.7

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