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Livy · History of Rome §42.22.1-42.22.8

Return of Popilius and Evasion of Trial

Passage 1612 of 1770 · Latin

Summary

While the consuls departed for their province and took over the army, the tribunes forced Popilius, who feared returning, to appear in Rome under the threat of a new proposal. Although Popilius faced severe backlash upon his return, the trial under the Marcian proposal was eventually evaded through a cunning delay by the praetor.

§42.22.1tum demum consules in provinciam profecti sunt exercitumque a M. Popilio acceperunt.
At last the consuls departed for their province and received the army from Marcus Popilius.
§42.22.2neque tamen M. Popilius reverti Romam audebat, ne causam diceret adverso senatu, infestiore populo, apud praetorem, qui de quaestione in se proposita senatum consuluisset.
Nevertheless, Marcus Popilius did not dare to return to Rome, lest he should plead his cause, with the senate hostile and the people even more incensed, before the praetor who had consulted the senate about the investigation proposed against him.
§42.22.3huic detractationi eius tribuni plebis alterius rogationis denuntiatione occurrerunt, ut, si non ante idus Novembres in urbem Romam introisset, de absente eo C. Licinius statueret ac iudicaret.
The tribunes of the plebs counteracted this evasion of his by declaring another proposal, that if he did not enter the city of Rome before the Ides of November, Gaius Licinius should decide and judge concerning him in his absence.
§42.22.4hoc tractus vinculo cum redisset, ingenti cum invidia in senatum venit.
Dragged by this bond, when he had returned, he came into the senate amidst immense hostility.
§42.22.5ibi cum laceratus iurgiis multorum esset, senatus consultum factum est, ut, qui Ligurum post Q. Fulvium L. Manlium consules hostes non fuissent, ut eos C. Licinius Cn. Sicinius praetores in libertatem restituendos curarent, agrumque iis trans Padum consul C. Popilius daret.
There, when he had been torn to pieces by the scoldings of many, a decree of the senate was passed, that Gaius Licinius and Gnaeus Sicinius, the praetors, should see to the restoration to freedom of those of the Ligurians who had not been enemies after the consulship of Quintus Fulvius and Lucius Manlius, and that the consul Gaius Popilius should give them land across the Po.
§42.22.6multa milia hominum hoc senatus consulto restituta in libertatem, transductisque Padum ager est adsignatus.
Many thousands of men were restored to freedom by this decree of the senate, and having been led across the Po, land was assigned to them.
§42.22.7M. Popilius rogatione Marcia bis apud C. Licinium causam dixit; tertio praetor, gratia consulis absentis et Popiliae familiae precibus victus, idibus Martiis adesse reum iussit, quo die novi magistratus inituri erant honorem, ne diceret ius, qui privatus futurus esset.
Marcus Popilius pleaded his cause twice before Gaius Licinius under the Marcian proposal; on the third occasion, the praetor, overcome by the influence of the absent consul and the entreaties of the Popilian family, ordered the defendant to appear on the Ides of March, on which day the new magistrates were to enter upon their office, so that he, who was about to become a private citizen, would not pronounce judgment.
§42.22.8ita rogatio de Liguribus arte fallaci elusa est.
Thus the proposal concerning the Ligurians was eluded by a deceitful artifice.

Notes

  1. §42.22.2adverso senatu, infestiore populo — Ablative absolute construction, meaning "with the senate hostile and the people even more incensed," explaining the background circumstances under which Popilius feared pleading his cause.
  2. §42.22.2in se — The pronoun "se" is an indirect reflexive referring back to the main clause's subject, Marcus Popilius, rather than the subject of the relative clause.
  3. §42.22.5post Q. Fulvium L. Manlium consules — Meaning "after the consulship of Quintus Fulvius and Lucius Manlius." A noun with another noun in apposition (consules) function in an "ab urbe condita" style construction after the preposition "post," indicating the time since their office.
  4. §42.22.7ne diceret ius, qui privatus futurus esset — The antecedent of the relative pronoun "qui" is the implied subject of the subjunctive verb "diceret" (the praetor Gaius Licinius himself). Since he would step down and become a private citizen (privatus) on the Ides of March (the day the new magistrates took office), he would no longer have the authority to administer justice (ius dicere).

Cite this passage

Livy, History of Rome §42.22.1-42.22.8. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:42.22.1-42.22.8

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