Titus Livius (Livy), Ab urbe condita, Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Evan T. Sage, Ph.D. (Editor), Alfred C. Schlesinger, Ph.D. (Editor), 39.14

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[1] Having finished her testimony, again falling at their feet, she repeated the same prayers that they should banish her.

[2] The consul asked his mother-in-law to vacate some part of the house into which Hispala might move. An apartment above¹ the house² was assigned to her, the stairs leading to the street being closed up and an approach to the house arranged.

[3] All the household goods of Faecenia were at once moved and her slaves summoned, and Aebutius was directed to move to the house of a client of the consul. When both witnesses were thus available, Postumius laid the matter before the senate, everything being set forth in detail; first what had been reported, then what he had himself discovered.

[4] Great panic seized the Fathers, both on the public account, lest these conspiracies and gatherings by night might produce something of hidden treachery or danger, and privately, each for himself, lest anyone might be involved in the mischief. The senate, moreover, decreed that the consul should be thanked because he had investigated the affair both with great industry and without creating any confusion.

[5] Then the investigation of the Bacchanals and their nocturnal orgies they referred to the consuls, not as a part of their regular duties;

[6] they directed the consuls to see to it that the witnesses Aebutius and Faecenia did not suffer harm and to attract other informers by rewards; the priests of these rites, whether men or women, should be sought out, not only at Rome but through all the villages and communities, that they might be at the disposal of the consuls;

[7] that it should be proclaimed in addition in the city of Rome and that edicts should be sent through all Italy, that no one who had been initiated in the Bacchic rites should presume to assemble or come together for the purpose of celebrating those rites or to perform any such ritual.

[8] Before all, it was decreed that an inquiry should be conducted³ regarding those persons who had come together or conspired for the commission of any immorality or crime. Such was the decree of the senate.

[9] The consuls ordered the curule aediles to search out all the priests of this cult and to keep them under surveillance, in free custody for the investigation; the plebeian aediles were to see to it that no celebration of the rites should be held in secret.

[10] The task was entrusted to the triumviri capitales⁴ of placing guards through the City, of seeing that no night meetings were held, and of making provision against fire; as assistants to the triumviri, the quinqueviri uls cis Tiberim⁵ were to stand guard each over the buildings of his own district.

Ab urbe condita. Titus Livius (Livy). Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Evan T. Sage, Ph.D. (Editor), Alfred C. Schlesinger, Ph.D. (Editor). Medford, MA. .

Sponsored by Perseus Project, Tufts University.

Funding provided by The National Endowment for the Humanities.

Current edition Perseus

History of Rome (English) (Foster, Benjamin Oliver; Moore, Frank Gardener; Sage, Evan T.; Schlesinger, Alfred C., translators. Cambridge, Mass.; London: Harvard University Press; William Heinemann, Ltd., 1919-1959. (Loeb Classical Library))

Editions (3)

Ab urbe condita Perseus (Pars I-IV, Libri I-XL. Editio Stereotypica. Weissenborn, Wilhelm; Mueller, Moritz, editors. Leipzig: Teubner, 1884-1911.) — 39.14 focus

[1] peracto indicio advoluta rursus genibus preces easdem, ut se ablegaret, repetivit.

[2] consul rogat socrum, ut aliquam partem aedium vacuam faceret, quo Hispala immigraret. cenaculum super aedes datum est, scalis ferentibus in publicum obseratis, aditu in aedes verso.

[3] res omnes Faeceniae Feceniae extemplo translatae et familia arcessita, et Aebutius migrare ad consulis clientem iussus. ita cum indices ambo in potestate essent, rem ad senatum Postumius defert, omnibus ordine expositis, quae delata primo, quae deinde ab se inquisita forent. patres pavor ingens cepit,

[4] cum publico nomine, ne quid eae coniurationes coetusque nocturni fraudis occultae aut periculi importarent, turn tum privatim suorum cuiusque vicem, ne quis adfinis ei noxae esset.

[5] censuit autem senatus gratias consuli agendas, quod eam rem et cum singulari cura et sine ullo tumultu investigasset.

[6] quaestionem deinde de Bacchanalibus sacrisque nocturnis extra ordinem consulibus mandant; indicibus Aebutio ac Faeceniae Feceniae ne fraudi ea res sit curare et alios indices praemiis invitare iubent;

[7] sacerdotes eorum sacrorum, seu viri seu feminae essent, non Romae modo sed per omnia fora et conciliabula conquiri, ut in consulum potestate essent; edici praeterea in urbe Roma et per totam Italiam edicta mitti,

[8] ne quis, qui Bacchis initiatus esset, coisse aut convenisse sacrorum causa velit, neu quid talis rei divinae fecisse. ante omnia ut quaestio de iis habeatur, qui coierint coniuraverintve, quo stuprum flagitiumve inferretur. haec senatus decrevit.

[9] consules aedilibus curulibus imperarunt, ut sacerdotes eius sacri omnes conquirerent, comprehensosque libero conclavi ad quaestionem servarent; aediles plebis viderent, ne qua sacra in operto fierent.

[10] triumviris capitalibus mandatum est, ut vigilias disponerent per urbem servarentque, ne qui nocturni coetus fierent, utque ab incendiis caveretur; adiutores triumviris quinqueviri uls uti cis Tiberim suae quisque regionis aedificiis praeessent.

Ab urbe condita Perseus (Livy in Fourteen Volumes. Foster, Benjamin Oliver; Moore, Frank Gardener; Schlesinger, Alfred C., editors. Cambridge, MA: Harvard University Press; London: William Heinemann, Ltd., 1919-1959 (printing).) — 43.14 focus

[1]

censoribus deinde creandis comitia edicta sunt. petierunt censuram principes civitatis, C. Valerius Laevinus, L. Postumius Albinus, P. Mucius Scaevola, M. ¹ Iunius Brutus, C. Claudius Pulcher, T. Sempronius Gracchus. hos duos censores creavit populus Romanus.

[2] cum dilectus habendi maior quam alias propter Macedonicum bellum cura esset, ² consules plebem apud senatum accusabant quod et ³ iuniores non responderent.

[3] adversus quos C. Sulpicius et M. Claudius praetores plebis causam egerunt: non consulibus, sed ambitiosis consulibus dilectum difficilem esse; neminem invitum militem ab iis fieri.

[4] id ut ita ⁴ esse scirent et patres conscripti, praetores se, ⁵ quibus vis imperii minor et auctoritas esset, dilectum, si ita senatui videretur, perfecturos esse.

[5] id praetoribus magna patrum approbatione, ⁶ non sine suggillatione consulum mandatum est. censores , ut eam rem adiuvarent, ita in contione edixerunt: ⁷ legem censui censendo dicturos esse, ut praeter commune omnium civium ⁸ ius iurandum haec adiurarent:

[6]

tu minor annis sex et quadraginta es tuque ⁹ ex edicto C. Claudi Ti. Semproni censorum ad dilectum prodisti ¹⁰ et quotienscumque dilectus erit quoad ¹¹ hi censores magistratum habebunt, si miles factus non eris, in dilectum ¹² prodibis ¹³ ?

[7]

item, quia fama erat multos ex Macedonicis legionibus incertis commeatibus per ambitionem imperatorum ab exercitu abesse, edixerunt de militibus P. Aelio C. Popilio ¹⁴ consulibus postve eos consules in Macedoniam scriptis,

[8] ut qui eorum in ¹⁵ Italia essent intra dies triginta, censi ¹⁶ prius apud sese, in provinciam redirent; qui in patris aut avi potestate essent, eorum nomina ad se ederentur. ¹⁷

[9] missorum quoque causas sese cognituros esse; et quorum ante emerita stipendia gratiosa missio sibi visa esset, eos milites fieri iussuros.

[10] hoc edicto litterisque censorum per fora et conciliabula dimissis tanta multitudo iuniorum Romam convenit, ut gravis urbi turba insolita esset.

Ab urbe condita libri, erklärt von M. Weissenborn Perseus (Weissenborn, W.; Müller, H. J., editors. Berlin: Weidmannsche Buchhandlung, 1873-1883.) — 39.14 focus

[1]

peracto indicio advoluta rursus genibus preces easdem, ut se ablegaret, repetivit.

[2] consul rogat socrum, ut aliquam partem aedium vacuam faceret, quo Hispala inmigraret. cenaculum super aedes datum est scalis ferentibus in publicum obseratis, aditu in aedes verso.

[3] res omnes Feceniae extemplo translatae et familia arcessita; et Aebutius migrare ad consulis clientem iussus.

ita cum indices ambo in potestate essent, rem ad senatum Postumius defert, omnibus ordine expositis, quae delata primo, quae deinde ab se inquisita forent.

[4] patres pavor ingens cepit, cum publico nomine, ne quid eae coniurationes coetusque nocturni fraudis occultae aut periculi inportarent, tum privatim suorum cuiusque vicem, ne quis adfinis ei noxiae esset.

[5] censuit autem senatus gratias consuli agendas, quod eam rem et cum singulari ¹ cura et sine ullo tumultu investigasset.

[6] quaestionem deinde de Bacchanalibus sacrisque nocturnis extra ordinem consulibus mandant; indicibus Aebutio ac Feceniae ne fraudi ea res sit curare et alios indices praemiis invitare iubent;

[7] sacerdotes eorum sacrorum, seu viri seu feminae essent, non Romae modo, sed per omnia fora et conciliabula conquiri, ut in consulum potestate essent; edici praeterea in urbe Roma et per totam Italiam edicta mitti,

[8] ne quis, qui Bacchis initiatus esset, coisse aut convenisse sacrorum causa velit, neu quid talis rei divinae fecisse; ante omnia ut quaestio de iis habeatur, qui coierint coniuraverintve, quo stuprum flagitiumve inferretur.

[9] haec senatus decrevit. consules aedilibus curulibus imperarunt, ut sacerdotes eius sacri omnes conquirerent, comprehensosque libero conclavi ad quaestionem ² servarent; aediles plebis viderent, ne qua sacra in operto fierent.

[10] triumviris capitalibus mandatum est, ut vigilias disponerent per urbem servarentque, ne qui nocturni coetus fierent, utque ab incendiis caveretur, adiutores triumviris quinqueviri uti cis Tiberim suae quisque regionis aedificiis praeessent.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 39.14 focus

[2] When she had completed her information, she again fell at the consul's knees, and repeated the same entreaties, that he might send her out of the country.

The consul requests his mother-in-law to clear some part of the house, into which Hispala might remove; accordingly, an apartment was assigned her in the upper part of it, of which the stairs, opening into the street, were stopped up, and the entrance made from the inner court.

[3] Thither all Fecenia's effects were immediately removed, and her domestics sent for. Aebutius, also, was ordered to remove to the house of one of the consul's clients.

When both the informers were by these means in his power, Postumius represented the affair to the senate, laying before them the whole circumstance, in due order; the information given to him at first, and the discoveries gained by his inquiries afterwards.

[4] Great consternation seized on the senators; not only on the public account, lest such conspiracies and nightly meetings might be productive of secret treachery and mischief, but, likewise, on account of their own particular families, lest some of their relations might be involved in this infamous affair.

[5] The senate voted, however, that thanks should be given to the consul because he had investigated the matter with singular diligence, and without exciting any alarm. They then commit to the consuls the holding an inquiry, out of the common course, concerning the Bacchanals and their nocturnal orgies.

[6] They order them to take care that the informers, Aebutius and Fecenia, might suffer no injury on that account; and to invite other informers in the matter, by offering rewards.

[7] They ordered that the officials in those rites, whether men or women, should be sought for, not only at Rome, but also throughout all the market towns and places of assembly, and be delivered over to the power of the consuls; and also that proclamation should be made in the city of Rome, and published through all Italy, that

no persons initiated in the Bacchanalian rites should presume to come together or assemble on account of those rites, or to perform any such kind of worship;

[8] and above all, that search should be made for those who had assembled or conspired for personal abuse, or for any other flagitious practices. The senate passed these decrees.

[9] The consuls directed the curule aediles to make strict inquiry after all the priests of those mysteries, and to keep such as they could apprehend in custody until their trial; they at the same time charged the plebeian aediles to take care that no religious ceremonies should be performed in private. To the capital triumvirs the task was assigned to post watches in proper places of the city, and to use vigilance in preventing any meetings by night.

[10] In order likewise to guard against fires, five assistants were joined to the triumvirs, so that each might have the charge of the buildings in his own separate district, on this side the Tiber.

History of Rome Perseus (Volumes 1-2. Roberts, Canon, Rev, translator. London, New York: J. M. Dent and Sons; E. P. Dutton and Co., 1912.) — 39.14 focus

[1]

When she had finished giving her evidence, she fell on her knees and again begged the consul to send her abroad.

[2] He asked his mother-in-law to set apart some portion of her house where she could take up her abode. An upper room was assigned to her which was approached by a flight of steps from the street; these were blocked up and an entrance made from inside the house.

[3] All Fecenia's effects were at once transferred, and her household slaves brought in, and Aebutius was ordered to take up his quarters with a client of the consul's. As both his informants were now in his hands, Postumius reported the affair to the senate. Everything was explained as it occurred, the information which he had first received, and then that which he had obtained in answer to his questions.

[4] The senate were greatly alarmed for the public safety; these secret conspiracies and nocturnal gatherings were a danger to the State; and they were alarmed for themselves, lest their own relations and friends might be involved.

[5] They passed a vote of thanks to the consul for having conducted his investigations so carefully and without creating any public disturbance.

[6] Then, arming the consuls with extraordinary powers, they placed in their hands the inquiry into the proceedings at the Bacchanalia and the nocturnal rites. They were to take care that Aebutius and Fecenia suffered no injury for the information they had given, and they were to offer rewards to induce other informers to come forward.

[7] Those who presided over these mysteries were to be sought out not only in Rome, but everywhere where people were in the habit of assembling, so that they might be delivered up to the consuls.

[8] Edicts were published in Rome and throughout Italy forbidding any who had been initiated from meeting together to celebrate their mysteries or performing any rites of a similar character, and above all, strict inquiry was to be made in the case of those who attended gatherings in which crime and debauchery had occurred. These were the measures which the senate decreed. The consuls sent orders to the curule aediles to search out all the priests of those rites and, when they were arrested, to keep them in such custody as they thought best until their trial.

[9] The plebeian aediles were to see that no rites were performed in open day;

[10] the police commissioners were instructed to post watches throughout the City and take care that no nocturnal gatherings took place; and as a precaution against fires, five men were appointed to assist the commissioners and take charge of the buildings assigned to them on this side the Tiber.

Notes on the current edition

Ab Urbe Condita With An English Translation, books 1-10, 21-45, with periochae 11-20

1. B.C. 186

2. The cenaculum was an apartment on an upper floor, with its own stairway to the street. In this house there was also a stairway to the inside of the house.

3. B.C. 186

4. They were minor magistrates charged with assisting in the maintenance of order.

5. It is not known whether these two boards of five, one operating on the left bank ( cis) of the river, the other on the right bank ( uls), were regular magistrates or posses of civilians, organized in case of emergency. The form of the title, especially the ante-classical uls (standing for ultra much as cis is used for citra), suggests an early origin.

Titus Livius (Livy) Ab urbe condita 39.14

Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Evan T. Sage, Ph.D. (Editor), Alfred C. Schlesinger, Ph.D. (Editor)

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