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), 39.19

Search the Perseus Catalog for:

View: By Section

← Previous Next →

[1] Then another decree of the senate, allied to this, was passed on the motion of the consul Quintus Marcius, that the entire question of those whose services as informers the consuls had enjoyed should be referred to the senate when Spurius Postumius should have returned to Rome after completing the investigations.

[2] Minius Cerrinius the Campanian they voted should be sent to Ardea for imprisonment, advance notice being given to the magistrates of the Ardeans that they should keep especially close guard over him, not only to prevent his escape but also to allow him no opportunity to commit suicide.¹

[3] Spurius Postumius returned to Rome a considerable time later: on his motion with reference to the rewards for Publius Aebutius and Hispala Faecenia, because it was through their information that the Bacchanalia had been discovered, a decree of the senate was passed that to each of them one hundred thousand asses² should be paid by the city quaestors out of the treasury;

[4] and that the consuls should take up with the tribunes of the people the matter of their presenting to the assembly at the earliest possible moment proposals that Publius Aebutius should be rated as having performed his military service,³ that he should not serve in the army except by his own act, that the censor should⁴ not assign him a public horse without his consent;⁵

[5] that Hispala Faecenia should have the rights of bestowing and alienating property,⁶ of marriage outside her gens,⁷ and choice of a tutor just as if her husband had given it to her by his will;⁸ that she should be permitted to marry a man of free birth, nor should any fraud or disgrace on this account attach to a man who should have married her;

[6] that the consuls and praetors who were at this time in office and those who should follow them should have a care that no injury should be done to this woman and that she should be secure. The senate, they were to say, wished and judged it proper that this should be done.

[7] All these motions were presented to the assembly and passed in accordance with the decree of the senate; with respect to the impunity and rewards of the rest of the informers discretion was left to the consuls.

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.) — 39.19 focus

[1] aliud 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.

[2] Minium 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. Sp. Postumius aliquanto post Romam venit:

[3] eo referente de P. Aebutii et Hispalae Faeceniae Feceniae praemio, quod eorum opera indicata Bacchanalia essent,

[4] senatus 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 adsiguaret; adsignaret;

[5] utique Faeceniae Feceniae Hispalae datio, deminutio, gentis enuptio, tutoris optio item esset, quasi ei vir testamento dedisset; utique ei ingenuo nubere liceret, neu quid ei qui ear eam duxisset ob id fraudi ignominiaeve esset;

[6] utique consules praetoresque, qui nunc essent quive postea futuri essent, curarent, ne quid ei mulieri iniuriae fieret, utique tuto esset. id senatum velle et aequum censere, ut ita fieret.

[7] ea omnia lata ad plebem factaque sunt ex senatus consulto; et de ceterorum indicum impunitate praemiisque consulibus permissum est.

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).) — 43.19 focus

[1]

Perseus praesidio Uscanae imposito multitudinem omnem deditorum, quae prope numero ¹ exercitum aequabat, Stuberram abducit.

[2] ibi Romanis - quattuor milia autem hominum erant - praeter principes in custodiam civitatum ² divisis, Uscanensibus Illyriisque venditis, in Penestas ³ exercitum reducit ad Oaeneum ⁴ oppidum in potestatem redigendum,

[3] et alioqui opportune situm et transitus ea est in Labeates, ubi Gentius regnabat.

[4] praetereunti frequens castellum, Draudacum nomine, peritorum quidam regionis eius nihil Oaeneo ⁵ capto opus esse ait, nisi in potestate et Draudacum sit; opportunius etiam ad omnia positum esse.

[5] admoto exercitu omnes ⁶ extemplo dediderunt sese. ad⁷ quam spe celeriorem deditionem ⁸ erectus, postquam animadvertit quantus agminis sui terror esset, undecim alia castella eodem metu in potestatem redigit.

[6] ad perpauca vi opus fuit, cetera voluntate dedita; et in his recepti mille et quingenti dispositi per praesidia milites Romani.

[7] magno usui Carvilius Spoletinus erat in colloquiis dicendo nihil in ipsos saevitum. deinde⁹ Oaeneum perventum est, quod sine iusta oppugnatione capi non poterat. et maiore aliquanto quam cetera iuventute et ¹⁰ validum oppidum moenibus erat,

[8] et hinc amnis Artatus nomine, hinc mons praealtus et aditu difficilis cingebat.

[9] haec spem ad resistendum oppidanis dabant. Perseus circumvallato oppido aggerem a parte superiore ducere instituit, cuius altitudine muros superaret.

[10] quod opus dum perficitur, crebris interim proeliis, quibus per excursiones et moenia sua oppidani tutabantur et opera hostium impediebant, magna eorum multitudo multitude variis casibus absumpta est, et qui supererant labore diurno nocturnoque et ¹¹ volneribus inutiles erant.

[11] ubi primum agger iniunctus muro est, et cohors regia, quos Nicatoras appellant, transcendit et scalis multis simul partibus impetus in urbem est factus.

[12] puberes omnes interfecti sunt; coniuges liberosque eorum in custodiam dedit; praedae alia militum cessere.

[13] Stuberram inde victor revertens ad Gentium ¹² legatos Pleuratum illyrium llyrium , exulantem apud se, et Adaeum ¹³ Macedonem a Beroea ¹⁴ mittit;

[14] iis mandat, ut exponerent aestatis eius hiemisque acta sua adversus Romanos Dardanosque; adicerent ¹⁵¹⁶ recentia in Illyrico hibernae expeditionis opera; hortarentur Gentium in amicitiam secum et cum Macedonibus iungendam.

Ab urbe condita libri, erklärt von M. Weissenborn Perseus (Weissenborn, W.; Müller, H. J., editors. Berlin: Weidmannsche Buchhandlung, 1873-1883.) — 39.19 focus

[1]

aliud 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.

[2] Minium Cerrinium Campanum Ardeam in vincula mittendum censuerunt magistratibusque Ardeatium praedicendum, ut intentiore eum ¹ custodia adservarent, non solum ne effugeret, sed ne mortis consciscendae locum haberet.

[3] Sp. Postumius aliquanto post Romam venit; eo referente de P. Aebuti et Hispalae Feceniae praemio, quod eorum opera indicata Bacchanalia essent, senatus consultum factum est,

[4] uti singulis his centena milia aeris quaestores urbani ex aerario darent; utique consul cum tribunis plebis ageret, uti ad plebem primo quoque tempore ferrent, ut P. Aebutio emerita stipendia essent, ne invitus militaret, neve censor ei equum publicum adsignaret;

[5] utique Feceniae Hispalae datio deminutio gentis enuptio tutoris optio item esset, quasi ei vir ² testamento dedisset, utique ei ingenuo nubere liceret, neu quid ei, qui eam duxisset, ob id fraudi ignominiaeve esset;

[6] utique consules praetoresque, qui nunc essent, quive postea futuri essent, curarent, ne quid ei mulieri iniuriae fieret, utique tuto esset.

[7] id senatum velle et aequum censere, ut ita fieret. ea omnia lata ad plebem factaque sunt ex senatus consulto; et de ceterorum indicum inpunitate praemiisque consulibus permissum est.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 39.19 focus

[1]

Another decree connected with this was then made, on a motion of the consul, Quintus Marcius, that

the business respecting the persons who had served the consuls as informers should be proposed to the senate in its original form, when Spurius Postumius should have finished his inquiries, and returned to Rome.

[2] They voted that Minius Cerrinius, the Campanian, should be sent to Ardea, to be kept in custody there; and that a caution should be given to the magistrates of that city, to guard him with more than ordinary care, so as to prevent not only his escaping, but his having an opportunity of committing suicide.

[3] Spurius Postumius some time after came to Rome, and on his proposing the question, concerning the reward to be given to Publius Aebutius and Hispala Fecenia, because the Bacchanalian ceremonies were discovered by their exertions, the senate passed a vote, that

the city quaestors should give to each of them, out of the public treasury, one hundred thousand asses;¹

[4]

and that the consuls should desire the plebeian tribunes to propose to the commons as soon as convenient, that the campaigns of Publius Aebutius should be considered as served, that he should not become a soldier against his wishes, nor should any censor assign him a horse ² at the public charge.

They voted also, that

Hispala Fecenia should enjoy the privileges of alienating her property by gift or deed; of marrying out of her rank, and of choosing a guardian, as if a husband had conferred them by will; that she should be at liberty to wed a man of honourable birth,

[5]

and that there should be no disgrace or ignominy to him who should marry her; and that the consuls and praetors then in office, and their successors, should take care that no injury should be offered

[6]

to that woman, and that she might live in safety. That the senate wished, and thought proper, that all these things should be so ordered.

—All these particulars were proposed to the commons, and executed, according to the vote of the senate; and full permission was given to the consuls to determine respecting the impunity and rewards of the other informers.

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.) — 39.19 focus

[1]

Another matter connected with this was brought forward by the consul Q. Marcius and made the subject of a decree, namely, the cases of those whom the consuls had employed as informers. The question was left for the senate to deal with as soon as Sp. Postumius had closed his inquiry and returned to Rome.

[2] The senate decided that Minius Cerrinius, the Campanian, should be sent in chains to Ardea, and that the magistrates there should be warned to keep him in custody under close observation to prevent not only his escape but any chance of his committing suicide. After some time Sp. Postumius returned to Rome.

[3] He brought up the question of the rewards to be given to P. Aebutius and Hispala Fecenia, as it was owing to them that the Bacchanalia had been detected.

[4] The senate decided that the City praetor should give each of them 100,000 ases out of the treasury, and that the consul should arrange with the tribunes to propose to the plebs on the first opportunity that P. Aebutius should be exempted from military conscription, and not compelled, unless he wished, to serve in either the infantry or the cavalry.

[5] To Fecenia was granted the right of disposing of her property in any way she chose, of marrying out of her gens, and selecting her own guardian, just as though a husband had left her this power in his will. She was also at liberty to marry a free-born citizen, and whoever married her should not suffer in reputation or position.

[6] Moreover, the consuls and praetors then in office, and those who should succeed them, were to make it their care that no harm should happen to the woman but that she should live a safe life. These proposals the senate considered equitable and thought it right that they should be adopted.

[7] They were submitted to the plebs and the resolution of the senate was confirmed, and the consuls were to secure the impunity of the other informers and decide upon their rewards.

Notes on the current edition

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

1. The ultimate fate of Cerrinius is not recorded.

2. This was the sum required for assignment to the first census-class.

3. The proposal to exempt Aebutius from his military obligations is genuine, so far as one can see, but nevertheless odd at this period, when military service was still a recognized part of the citizen's duty. It cannot be determined whether the exemption carried with it immediate eligibility to office, since Aebutius had no political ambitions.

4. B.C. 186

5. The assignment of an equus publicus (cf. xlii. 6 and xliv. 1 below and the notes) would make Aebutius liable to service and so cancel the exemption just granted. Service as a volunteer would be performed in the capacity of an eques equo publico.

6. The interests of a patronus in the property of his libertus were well protected by Roman law. Although the patronus of Faecenia was dead his interests survived, descending in this case to his gens, and the senate therefore bestows upon her the right to give away or otherwise alienate her property irrespective of gentile rights ( datio may be synonymous with alienatio, the term employed by later jurists). The proposal of some scholars to understand capitis with deminutio, which would grant her the right to accept inferior civic status, seems to be self-contradictory. But it is not certain that Livy understood what he wrote.

7. The conditions surrounding gentis enuptio are only vaguely known. It is clear, however, that Faecenia is to have the maximum of privilege allowed to women.

8. A wife in manu might be granted this privilege by her husband's will. By the bestowal of these four rights Faecenia acquired a legal status at least not inferior to that of free women generally.

Titus Livius (Livy) Ab urbe condita 39.19

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

Search the Perseus Catalog for:

Current edition Perseus

Notes on the current edition

Stable identifiers