Titus Livius (Livy), Ab urbe condita, D. Spillan, A.M., M.D. (Translator), Cyrus Edmonds (Translator), William A. McDevitte (Translator), 3.13

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[1]

Independently of the general odium, one charge bore heavily on the accused; that Marcus Volscius Fictor, who some years before had been tribune of the people, had come forward as a witness:

[2]

that not long after the pestilence had been in the city, he had fallen in with a party of young men rioting in the Suburra; that a scuffle arose there; and that his elder brother, not yet perfectly recovered from his illness, had fallen down almost dead, being struck with the fist by Caeso; that he was carried home between the hands of some persons, and that he considered that he died from that blow; and that it had not been permitted to him by the consuls of former years to follow up the matter.

[3] In consequence of Volscius vociferating these charges, the people became so excited, that Caeso was near being killed through the violence of the people. Virginius orders him to be seized and carried to prison. The patricians oppose force to force. Titus Quintius exclaims,

that a person for whom a day of trial for a capital offence has been appointed, and whose trial was now at hand, ought not to be outraged before trial and without sentence being passed.

[4] The tribune says,

that he would not inflict punishment ¹ on him before condemnation, that he would however keep him in prison until the day of trial; that the Roman people may have an opportunity of inflicting punishment on one who had killed a man.

The tribunes being appealed to, secure their prerogative by adopting a middle course; ² they forbid his being thrown into confinement, and

[5] declare it to be their wish that the accused should appear on his trial, and that a sum of money should be promised to the people, in case he should not appear. How large a sum of money ought to be promised, came under discussion: that is referred to the senate. The accused was detained in the public assembly, until the patricians should be consulted: it was determined that he should give bail: ³ each bail they bound to the amount of three thousand asses; how

[6] many should be given, was left to the tribunes; they limited the number to ten; for ten sureties the prosecutor

[7] discharged the accused. He was the first who gave public sureties. Being discharged from the forum, he went the following night into exile among the Etrurians. When on the day of trial it was pleaded that he had quitted his home in order to go into exile, Virginius notwithstanding holding the comitia, his colleagues when appealed to dismissed the assembly: the fine was rigorously exacted ⁴ from the father; so

[8] that after selling all his effects, he lived for a considerable time in a solitary cottage on the other side of the Tiber, as if in exile. This trial and the proposing of the law gave full employment to the state: there was quiet from foreign arms.

Ab urbe condita. Titus Livius (Livy). D. Spillan, A.M., M.D. (Translator), Cyrus Edmonds (Translator), William A. McDevitte (Translator). Medford, MA. .

Sponsored by Perseus Project, Tufts University.

Funding provided by The National Endowment for the Humanities.

Current edition Perseus

History of Rome (English) (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's 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.) — 3.13 focus

[1] premebat reum praeter vulgatam invidiam crimen unum, quod M. Volscius Fictor, qui ante aliquot annos tribunus plebis fuerat, testis extiterat se haud multo post,

[2] quam pestilentia in urbe fuerat, in iuventutem grassantem in Subura incidisse. ibi rixam natam esse, fratremque suum maiorem natu, necdum ex morbo satis validum, pugno ictum ab Caesone cecidisse;

[3] semianimem inter manus domum ablatum mortuumque inde arbitrari, nec sibi rem exequi tam atrocem per consules superiorum annorum licuisse. haec Volscio clamitante adeo concitati homines sunt, ut haud multum afuerit, quin impetu populi Caeso interiret. Verginius arripi iubet hominem et in vincula duci.

[4] patricii vi contra vim resistunt. T. Quinctius clamitat, cui rei capitalis dies dicta sit et de quo futurum prope diem iudicium, eum indemnatum indicta causa non debere violari.

[5] tribunus supplicium negat sumpturum se de indemnato; servaturum tamen in vinculis esse ad iudicii diem, ut, qui hominem necaverit, de eo supplicii sumendi copia populo Romano fiat.

[6] appellati tribuni medio decreto ius auxilii sui expediunt, in vincla conici vetant;

[7] sisti reum, pecuniamque, ni sistatur, populo promitti placere pronuntiant. summam pecuniae quantam aecum esset promitti, veniebat in dubium;

[8] id ad senatum reicitur. reus, dum consulerentur patres, retentus in publico est. vades dari placuit; unum vadem tribus milibus aeris obligaverunt; quot darentur, permissum tribunis est. decem finierunt. tot vadibus accusator vadatus est reum. hic primus vades publico dedit. dimissus e foro nocte proxima in Tuscos in exilium abiit.

[9] iudicii die cum excusaretur solum vertisse exilii causa, nihilo minus Verginio comitia habente collegae appellati dimisere concilium. pecunia a patre exacta crudeliter,

[10] ut divenditis omnibus bonis aliquamdiu trans Tiberim veluti relegatus devio quodam tugurio viveret.

Ab urbe condita Perseus (Conway, Robert Seymour; Walters, Charles Flamstead; Johnson, Stephen Keymer, editors. Oxford: Oxford University Press, 1914-1935. (Oxford Classical Texts)) — 3.13 focus

[1]

premebat reum praeter volgatam invidiam crimen unum, quod M. Volscius Fictor, qui ante aliquot annos tribunus plebis fuerat, testis exstiterat se,

[2] haud multo post quam pestilentia in urbe fuerat, in iuventutem ¹ grassantem in Subura incidisse. ibi² rixam natam esse, fratremque suum maiorem natu, necdum ex morbo satis validum, pugno ictum ab Caesone cecidisse;

[3] semianimem inter manus domum ablatum mortuumque inde arbitrari, nec sibi rem exsequi tam atrocem per consules superiorum annorum licuisse. haec Volscio clamitante adeo concitati homines sunt ut haud baud multum afuerit quin impetu populi Caeso interiret.

[4] Verginius arripi iubet hominem et in vincula duci. patricii vi contra vim resistunt. T. Quinctius clamitat, cui rei capitalis dies dicta sit et de quo futurum propediem iudicium, eum indemnatum indicta causa non debere violari.

[5] tribunus supplicium negat sumpturum se de indemnato; servaturum tamen in vinculis esse ad iudicii diem ut, qui hominem necaverit, de eo supplicii sumendi copia populo Romano fiat.

[6] appellati tribuni medio decreto ius auxilii sui expediunt: in vincla conici vetant; sisti reum, pecuniamque ni sistatur populo promitti placere pronuntiant.

[7] summam pecuniae quantam aequum esset promitti, veniebat in dubium; id ad senatum reicitur. reus , dum consulerentur patres, retentus in publico est.

[8] vades dari ³ placuit; unum vadem tribus milibus aeris obligarunt; ⁴ quot darentur permissum tribunis est. decem finierunt. tot vadibus ⁵ accusator vadatus est reum. hic primus vades publico ⁶ dedit. dimissus e foro nocte proxima in Tuscos in exsilium abiit.

[9] iudicii die cum excusaretur solum vertisse exsilii causa, nihilo minus Verginio comitia habente collegae appellati dimisere concilium.

[10] pecunia a patre exacta crudeliter, ut divenditis omnibus bonis aliquamdiu trans Tiberim veluti relegatus devio ⁷ quodam tugurio viveret.

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).) — 3.13 focus

[1]

premebat reum praeter volgatam invidiam crimen unum, quod M. Volscius Fictor, qui ante aliquot annos tribunus plebis fuerat, testis exstiterat se,

[5] tribunus supplicium negat sumpturum se de indemnato; servaturum tamen in vinculis esse ad iudicii diem ut, qui hominem necaverit, de eo supplicii sumendi copia populo Romano fiat.

[6] appellati tribuni medio decreto ius auxilii sui expediunt: in vincla conici vetant; sisti reum, pecuniamque ni sistatur populo promitti placere pronuntiant.

[7] summam pecuniae quantam aequum esset promitti, veniebat in dubium; id ad senatum reicitur. reus , dum consulerentur patres, retentus in publico est.

[9] iudicii die cum excusaretur solum vertisse exsilii causa, nihilo minus Verginio comitia habente collegae appellati dimisere concilium.

[10] pecunia a patre exacta crudeliter, ut divenditis omnibus bonis aliquamdiu trans Tiberim veluti relegatus devio ⁷ quodam tugurio viveret.

Translations (2)

History of Rome Perseus (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)) — 3.13 focus

[1]

There was one charge, besides the general dislike of him, which bore hard upon the accused.

[2] Marcus Volscius Fictor, who had been a tribune of the plebs a few years before, had certified that shortly after the epidemic had been in the City he had fallen in with a band of young men swaggering ¹ through the Subura. ² There a brawl had arisen, and his elder brother, who had not yet fully recovered from the disease, had been felled by a blow from Caeso's fist; he had been picked up halfalive and carried home, and his death, Volscius considered, had resulted from this hurt; yet under the consuls of previous years he had been unable to avenge that wicked crime.

[3] As Volscius shouted out this story, men became so excited that Caeso had nearly perished by the fury of the people. Verginius gave orders to seize the fellow and throw him into prison.

[4] The patricians resisted force with force. Titus Quinctius cried out that a man who had been charged with a capital crime and whose day of trial was at hand ought not to suffer violence, uncondemned and unheard. The tribune answered that he did not propose to punish him uncondemned, but that he should keep him in prison notwithstanding, till the day of trial, that the Roman People might have it in their power to punish a homicide.

[5] The other tribunes, on being appealed to, ³ asserted by a compromise their prerogative of protection:

[6] they forbade the imprisonment of the accused, but declared it to be their pleasure that he be produced for trial, and that money be pledged to the people in the event of a failure to produce him.

[7] How great a sum was proper to be guaranteed was a doubtful point; it was referred to the senate, and Caeso was detained in custody till the Fathers could be consulted. They voted that sureties should be furnished, and fixed the responsibility of one surety at 3,000 asses; how many sureties should be given they left the tribunes to determine.

[8] They decided on ten, and with this number of sureties the ⁴ accuser admitted the accused to bail. Caeso was the first that ever gave sureties to the people. Being allowed to leave the Forum, he departed that night and went into exile amongst the Etruscans.

[9] On the day of trial, when it was pleaded that he had gone into voluntary exile, Verginius nevertheless attempted to hold the comitia, but an appeal was taken to his colleagues, who dismissed the assembly. ⁵

[10] The money was exacted from Caeso's father without pity, so that he was obliged to sell all that he had and live for some time on the other side of the Tiber, ⁶ like one banished, in a certain lonely hovel.

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.) — 3.13 focus

[1] Over and above the general exasperation, one charge in particular weighed heavily against him. M. Volscius Fictor, who had some years previously been tribune of the plebs, had come forward to give evidence that not long after the epidemic had visited the City, he had met some young men strolling in the Suburra.

[2] A quarrel broke out and his elder brother, still weak from illness, was knocked down by a blow from Caeso's fist, and carried home in a critical condition, and afterwards died, he believed, in consequence of the blow.

[3] He had not been allowed by the consuls, during the years that had elapsed, to obtain legal redress for the outrage. Whilst Volscius was telling this story in a loud tone of voice, so much excitement was created that Caeso was very near losing his life at the hands of the people. Verginius ordered him to be arrested and taken to prison. The patricians met violence by violence.

[4] T. Quinctius called out that when the day of trial has been fixed for any one indicted on a capital charge and is near at hand, his personal liberty ought not to be interfered with before the case is heard and sentence given.

[5] The tribune replied that he was not going to inflict punishment upon a man not yet found guilty; but he should keep him in prison till the day of the trial, that the Roman people might be in a position to punish one who has taken a man's life.

[6] The other tribunes were appealed to, and they saved their prerogative by a compromise;¹ they forbade him to be cast into prison, and announced as their decision that the accused should appear in court, and if he failed to do so, he should forfeit a sum of money to the people. The question was, what sum would it be fair to

[7] fix? The matter was referred to the senate, the accused was detained in the Assembly whilst the senators were deliberating. They decided that he should give sureties, and each surety was bound in 3000

[8] “ ases.” It was left to the tribunes to decide how many should be given; they fixed the number at ten. The prosecutor released the accused on that bail. Caeso was the first who gave securities on a state trial. After leaving the Forum, he went the following night into exile amongst the Tuscans. When the day for the trial came, it was pleaded in defence of his non-appearance that he had changed his domicile by going into

[9] exile. Verginius, nevertheless, went on with the proceedings, but his colleagues, to whom an appeal was made, dismissed the

[10] Assembly. The money was unmercifully extorted from the father, who had to sell all his property and live for some time like a banished man in an out-of-the-way hut on the other side of the Tiber .

Notes on the current edition

History of Rome, books 1-10, 21-45

1. Niebuhr denies that the tribunes had the power before the establishment of the decemviri to commit patricians to prison. See however Dion. vii. 17

2. In the original the words are, Medio decreto jus auxilii sui expediunt. The tribunes were afraid lest, if 5 they allowed Caeso to go entirely at large, the commons might become irritated; whilst if they refused to listen 6 to the application of a patrician when he craved their assistance, they feared lest they should lose an excellent opportunity of establishing their influence and increasing their power. By adopting a line of conduct then which conceded something both to the commons and to Caeso, they as it were extricate (expediunt) their power from this double danger.

3. Vadis publicos. According to Gronovius, publico, scil. plebi. Niebuhr prefers this reading.

4. Rigorously exacted. See Niebuhr ii. p. 289, who expresses a different opinion on the matter.

Titus Livius (Livy) Ab urbe condita 3.13

D. Spillan, A.M., M.D. (Translator), Cyrus Edmonds (Translator), William A. McDevitte (Translator)

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