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), 39.18

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[1] But so numerous were the persons who had fled from the City that, since in many instances legal proceedings and causes were falling through,¹ the praetors Titus Maenius and Marcus Licinius were compelled, through the intervention of the senate, to adjourn court for thirty days, until the investigations should be finished by the consuls.

[2] The same depopulation, because at Rome men whose names had been given in did not respond or were not found, compelled the consuls to make the rounds of the villages and there investigate and conduct trials.

[3] Those who had merely been initiated and had made their prayers in accordance with the ritual formula, the priest dictating the words, in which the wicked² conspiracy to all vice and lust was contained, but had committed none of the acts to which they were bound by the oath against either themselves or others, they left in chains; upon those who had permitted themselves to be defiled by debauchery or murder, who had polluted themselves by false testimony, forged seals, substitution of wills or other frauds, they inflicted capital punishment.

[4] More were killed than were thrown into prison. There was a large number of men and women in both classes. Convicted women were turned over to their relatives or to those who had authority over them, that they might be punished in private:³

[5] if there was no suitable person to exact it, the penalty was inflicted by the state.

[6] Then the task was entrusted to the consuls of destroying all forms of Bacchic worship, first at Rome and then throughout Italy, except in cases where an ancient altar or image had been consecrated.⁴ For the future it was then provided by decree of the senate that there should be no Bacchanalia in Rome or Italy.

[7] If any person considered such worship to be ordained by tradition or to be necessary, and believed that he could not omit it without sin and atonement, he was to make a declaration before the city praetor, and the latter would consult the senate.

[8] If permission were granted to him, at a meeting where not fewer than one hundred were in attendance, he should offer the sacrifice, provided that not more than five people should take part in the rite, and that there should be no common purse or master of sacrifices⁵ or priest.⁶

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.) — 39.18 focus

[1] ceterum tanta fuga ex urbe facta erat, ut, quia multis actiones et res peribant, cogerentur praetores T. Maenius et M. Licinius per senatum res in diem tricesimum differre, done quaestiones a consulibus perficerentur.

[2] eadem solitudo, quia Romae non respondebant nec inveniebantur, quorum nomina delata erant, coegit consules circa fora proficisci ibique quaerere et iudicia exercere.

[3] qui tantum initiati erant et ex carmine sacro, praeeunte verba sacerdote, precationes fecerant, in quibus nefanda coniuratio in omne facinus ac libidinem continebatur, nec earum rerum ullam, in quas iureiurando. obligati erant, in se aut alios admiserant, eos in vinculis relinquebant:

[4] qui stupris aut caedibus violati erant, qui falsis testimoniis, signis adulterinis, subiectione testamentorum, fraudibus aliis contaminati, eos capitali poena adficiebant.

[5] plures necati quam in vincula coniecti sunt. magna vis in utraque causa virorum mulierumque fuit.

[6] mulieres damnatas cognatis, aut in quorum manu essent, tradebant, ut ipsi in privato animadverterent in eas: si nemo erat idoneus supplicii exactor, in publico animadvertebatur.

[7] datum deinde consulibus negotium est, ut omnia Bacchanalia Romae primum, deinde per totam Italiam diruerent, extra quam si qua ibi vetusta ara aut signum consecratum esset.

[8] in reliquum deinde senatus consulto cautum est, ne qua Bacchanalia Romae neve in Italia essent. si quis tale sacrum sollemne et necessarium duceret, nec sine religione et piaculo se id omittere posse, apud praetorem urbanum profiteretur, q praetor senatum consuleret.

[9] si ei permissum esset, cum in senatu centum non minus essent, ita id sacrum faceret, dum ne plus quinque sacrificio interessent, neu qua pecunia communis neu quis magister sacrorum aut sacerdos esset.

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).) — 43.18 focus

[1]

Perseus principio hiemis egredi Macedoniae finibus non ausus, ¹ ne qua in regnum vacuum inrumperent Romani, sub tempus brumae, cum inexsuperabilis ² ab Thessalia montes nivis altitudo altitude³ facit,

[2] occasionem esse ratus frangendi finitimorum spes animosque, ne quid averso se ⁴ in Romanum bellum periculi ab iis esset ⁵ cum a Thracia pacem Cotys, ab Epiro Cephalus repentina defectione ab Romanis praestarent, Dardanos recens domuisset bellum, ⁶

[3] solum infestum esse Macedoniae latus quod ab Illyrico pateret cernens, neque ipsis quietis Illyriis et aditum praebentibus Romano ⁷ si domuisset proximos Illyriorum Gentium quoque regem iam diu dubium in societatem perlici posse, cum decem milibus peditum,

[4] quorum pars phalangitae erant, et duobus milibus levium armorum ⁸ et quingentis equitibus profectus Stuberram venit.

[5] inde frumento complurium dierum sumpto iussoque apparatu oppugnandarum urbium sequi, tertio die ad Uscanam ⁹ Penestianae terrae ea maxima ¹⁰ urbs est—posuit castra, ¹¹

[6] prius tamen quam vim admoveret, missis qui temptarent nunc praefectorum praesidii, nunc oppidanorum animos. erat autem ibi cum iuventute Illyriorum Romanum praesidium. ¹²

[7] Postquam nihil pacati referebant oppugnare est adortus ¹³ et corona eam earn capere conatus est. ¹⁴ cum sine intermissione ¹⁵ interdiu noctuque alii aliis succedentes, pars scalas muris, pars ¹⁶ ignem portis inferrent, sustinebant tamen eam tempestatem propugnatores urbis,

[8] quia spes erat neque hiemis vim diutius pati Macedonas in aperto posse, nec ab Romano bello tantum regi laxamenti fore ut posset morari.

[9] ceterum postquam vineas agi turresque excitari vident, ¹⁷ victa pertinacia est. nam praeterquam quod adversus vim pares non erant, ne frumenti quidem aut ullius alterius rei copia intus erat, ut in necopinata obsidione.

[10] itaque cum spei nihil ad resistendum esset, C. Carvilius Spoletinus et C. Afranius a praesidio Romano missi qui a Perseo peterent primo ut armatos suaque secum ferentis abire sineret, dein, si id minus impetrarent, vitae tantum libertatisque fidem acciperent.

[11] promissum id benignius est ab rege quam praestitum; exire enim sua secum efferentibus iussis primum arma, dein libertatem ¹⁸ ademit. his urbe ¹⁹ egressis et Illyriorum cohors - quingenti erant - et, Uscanenses ²⁰ se urbemque dediderunt.

Ab urbe condita libri, erklärt von M. Weissenborn Perseus (Weissenborn, W.; Müller, H. J., editors. Berlin: Weidmannsche Buchhandlung, 1873-1883.) — 39.18 focus

[1]

ceterum tanta fuga ex urbe facta erat, ut, quia multis actiones et res peribant, ¹ cogerentur praetores T. Maenius et M. Licinius per senatum res in diem tricesimum differre, donec quaestiones a consulibus perficerentur.

[2] eadem solitudo, quia Romae non respondebant nec inveniebantur, quorum nomina delata erant, coegit consules circa fora proficisci ibique quaerere et iudicia exercere.

[3] qui tantum initiati erant et ex carmine sacro praeeunte verba sacerdote precationes fecerant, in quibus nefanda coniuratio in omne facinus ac libidinem continebatur, nec earum rerum ullam, in quas iure iurando obligati erant, in se aut alios admiserant, eos in vinculis relinquebant;

[4] qui stupris aut caedibus violati erant, qui falsis testimoniis, signis adulterinis, subiectione testamentorum, fraudibus aliis contaminati, eos capitali poena adficiebant.

[5] plures necati quam in vincula coniecti sunt. magna vis in utraque causa virorum mulierumque fuit.

[6] mulieres damnatas cognatis ² aut in quorum manu essent tradebant, ut ipsi in privato animadverterent in eas; si nemo erat idoneus supplicii exactor, in publico animadvertebatur.

[7] datum deinde consulibus negotium est, ut omnia Bacchanalia Romae primum, deinde per totam Italiam diruerent, extra quam si qua ibi vetusta ara aut signum consecratum esset.

[8] in reliquum deinde senatus consulto cautum est, ne qua Bacchanalia Romae neve in Italia essent; si quis tale sacrum sollemne et necessarium duceret, nec sine religione et ³ piaculo se id omittere posse, apud praetorem urbanum profiteretur, praetor senatum consuleret;

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 39.18 focus

[1]

But so great were the numbers that fled from the city, that because the lawsuits and property of many persons were going to ruin, the praetors, Titus Maenius and Marcus Licinius, were obliged, under the direction of the senate, to adjourn their courts for thirty days, until the inquiries should be finished by the consuls.

[2] The same deserted state of the law-courts, since the persons, against whom charges were brought, did not appear to answer, nor could be found in Rome, necessitated the consuls to make a circuit of the country towns, and there to make their inquisitions and hold the trials.

[3] Those who, as it appeared, had been only initiated, and had made after the priest, and in the most solemn form, the prescribed imprecations, in which the accursed conspiracy for the perpetration of every crime and lust was contained, but who had not themselves committed, or compelled others to commit, any of those acts to which they were bound by the oath, —all such they left in prison.

[4] But those who had forcibly committed personal defilements or murders, or were stained with the guilt of false evidence, counterfeit seals, forged wills, or other frauds, all these they punished with death.

[5] A greater number were executed than thrown into prison; indeed, the multitude of men and women who suffered in both ways, was very considerable.

[6] The consuls delivered the women, who were condemned, to their relations, or to those under whose guardianship they were, that they might inflict the punishment in private; but if there did not appear any proper person of the kind to execute the sentence, the punishment was inflicted in public.

[7] A charge was then given to demolish all the places where the Bacchanalians had held their meetings; first, in Rome, and then throughout all Italy; excepting those wherein should be found some ancient altar, or consecrated statue.

[8] With regard to the future, the senate passed a decree,

that no Bacchanalian rites should be celebrated in Rome or in Italy:

and ordering that,

in case any person should believe some such kind of worship incumbent on him, and necessary; and that he could not, without offence to religion, and incurring guilt, omit it, he should represent this to the city praetor, and the praetor should lay the business before the senate.

[9]

If permission were granted by the senate, when not less than one hundred members were present, then he might perform those rites, provided that no more than five persons should be present at the sacrifice, and that they should have no common stock of money, nor any president of the ceremonies, nor priest.

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.) — 39.18 focus

[1]

So great, however, was the number of those who fled from the City that law-suits and rights of property were in numerous cases lost by default, and the praetors were compelled through the intervention of the senate to adjourn their courts for a month, to allow the consuls to complete their investigations.

[2] Owing to the fact that those whose names were on the list did not answer to the summons, and were not to be found in Rome, the consuls had to visit the country towns and conduct their inquiries and try the cases there.

[3] Those who had simply been initiated, who, that is, had repeated after the priest the prescribed form of imprecation which pledged them to every form of wickedness and impurity, but had not been either active or passive participants in any of the proceedings to which their oath bound them, were detained in prison.

[4] Those who had polluted themselves by outrage and murder, those who had stained themselves by giving false evidence, forging seals and wills and by other fraudulent practices, were sentenced to death.

[5] The number of those executed exceeded the number of those sentenced to imprisonment; there was an enormous number of men as well as women in both classes.

[6] The women who had been found guilty were handed over to their relatives or guardians to be dealt with privately; if there was no one capable of inflicting punishment, they were executed publicly.

[7] The next task awaiting the consuls was the destruction of all the Bacchanalian shrines, beginning with Rome, and then throughout the length and breadth of Italy; those only excepted where there was an ancient altar or a sacred image.

[8] The senate decreed that for the future there should be no Bacchanalian rites in Rome or in Italy. If any one considered that this form of worship was a necessary obligation and that he could not dispense with it without incurring the guilt of irreligion, he was to make a declaration before the City praetor and the praetor was to consult the senate.

[9] If the senate gave permission, not less than one hundred senators being present, he might observe those rites on condition that not more than five persons took part in the service, that they had no common fund, and that there was no priest or conductor of the ceremonies.

Notes on the current edition

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

1. Cases could not be tried because of the absence of one or both parties to suits. The remedy adopted was the proclamation of a iustitium for thirty days: this suspended all ordinary public and private business.

2. B.C. 186

3. Such punishments were inflicted by virtue of patria potestas.

4. Their antiquity was their guarantee that they antedated the abuse of the Bacchus worship and were free from its bad features. In any case the Romans were inclined to respect venerable age.

5. B.C. 186

6. The last clauses prevent a definite organization of the cult. The decree, however, legalizes traditional rites in honour of Bacchus and necessary individual acts of worship. 9 We are fortunate in possessing an inscription (CIL. I. 196), containing, in the form of a letter addressed to the Teurani, a federated state of Bruttium, the substance of the senate's decisions (the celebrated Senatus Consultum de Bacchanalibus). In general the statements of Livy agree with the inscription, although the evidence of language gives no indication that Livy saw the inscription.

Titus Livius (Livy) Ab urbe condita 39.18

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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