Titus Livius (Livy), Ab urbe condita, D. Spillan, A.M., M.D. (Translator), Cyrus Edmonds (Translator), William A. McDevitte (Translator), 3.36

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[1]

This was the end of Appius's assumption of a character not his own. Henceforward he began to live according to his own natural disposition, and to mould to his own temper his new colleagues before they should enter on their office.

[2] They held daily meetings remote from witnesses: then, furnished with their schemes of tyranny, ¹ which they digested apart from others, no longer dissembling their arrogance, difficult of access, morose to all who addressed them, they carried out the matter to the ides of May. The ides of May were at that time the usual period

[3] for commencing office. At the commencement then of their magistracy, they rendered the first day of their office remarkable by making an exhibition of great terror. For when the preceding decemvirs had observed the rule, that only one should have the fasces, and that this emblem of royalty should pass through all in rotation, to each in his turn, they all suddenly came forth with the twelve fasces. One hundred and twenty lictors filled the forum, and carried before them the axes tied up with the fasces: and they explained that it was of no consequence that the axe should be taken away, as they had been appointed without the

[4] privilege of appeal. ² There was the appearance of ten kings, and terrors were multiplied not only in the humblest individuals, but even in the principal men among the patricians, who thought that a pretext and commencement of bloodshed were sought for; so that if any

[5] one should utter a word favourable to liberty, either in the senate or in a meeting of the people, the rods and axes would be instantly brought forward, even to intimidate the rest. For besides that there was no protection in the people, the right of appeal being done away with, they had also by mutual consent prohibited interference with each other: ³ whereas the preceding decemvirs

[6] had allowed the points of law decided by themselves to be amended by appeal to a colleague, and had referred to the people some points which might seem to come within their own jurisdiction. For a considerable time the terror seemed equalized among all ranks; gradually it began to turn entirely on the commons. They spared the patricians; arbitrary and cruel treatment was shown to the humbler classes: they were wholly respective of the person, not of the cause: as being persons with whom interest usurped the force of justice. Their decisions

[7] they concerted at home, and pronounced in the forum. If any person appealed to a colleague, he left the one to whom he had appealed in such a manner

[8] as to regret that he had not abided by the sentence of the former. An opinion also had gone abroad without an authority, that they had conspired in their tyranny not only for the present time, but that a clandestine league had been struck among them (accompanied) with an oath, that they would not hold the comitia, and that by perpetuating the decemvirate they would retain the power now in their possession.

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.) — 3.36 focus

[1] ille finis Appio alienae personae ferendae fuit; suo iam inde vivere ingenio coepit novosque collegas, iam priusquam inirent magistratum, in suos mores formare.

[2] cottidie coibant remotis arbitris; inde inpotentibus instructi consiliis, quae secreto ab aliis coquebant, iam baud haud dissimulando superbiam, rari aditus, conloquentibus difficiles, ad idus Maias rem perduxere.

[3] idus turn tum Maiae sollemnes ineundis magistratibus erant. inito igitur magistratu primum honoris diem denuntiatione ingentis terroris insignem fecere. nam cum ita priores decemviri servassent, ut unus fasces haberet et hoc insigne regium in orbem suam cuiusque vicem per omnes iret, subito omnes cum duodenis fascibus prodiere.

[4] centum viginti lictores forum inpleverant et cum fascibus secures inligatas praeferebant; nec attinuisse demi securem, cum sine provocatione creati essent, interpretabantur.

[5] decem regum species erat multiplicatusque terror non infimis solum, sed primoribus patrum ratis caedis causam ac principium quaeri, ut, si quis memorem libertatis vocem aut in senatu aut in populo misisset, statim virgae securesque etiam ad ceterorum metum expedirentur.

[6] nam praeterquam quod in populo nihil erat praesidii sublata provocatione, intercessionem quoque consensu sustulerant, cum priores decemviri appellatione collegae corrigi reddita ab se iura tulissent et quaedam, quae sui iudicii videri possent, ad populun reiecissent. aliquamdiu aequatus inter omnes terror fuit;

[7] paulatim totus vertere in plebem coepit. abstinebatur a patribus; in humiliores lubidinose crudeliterque consulebatur. hominum, non causarum toti erant, ut apud quos gratia vim aequi haberet.

[8] iudicia domi conflabant, pronuntiabant in foro. si quis collegam appellasset, ab eo, ad quem venerat, ita discedebat, ut paeniteret non prioris decreto stetisse.

[9] opinio etiam sine auctore exierat non in praesentis modo temporis eos iniuriam conspirasse, sed foedus clandestinum inter ipsos iure iurando ictum, ne comitia haberent perpetuoque decemviratu possessum semel obtinerent imperium.

Ab urbe condita Perseus (Conway, Robert Seymour; Walters, Charles Flamstead; Johnson, Stephen Keymer, editors. Oxford: Oxford University Press, 1914-1935. (Oxford Classical Texts)) — 3.36 focus

[1]

ille finis Appio alienae personae ferendae ¹ fuit. suo iam inde vivere ingenio coepit novosque collegas, iam priusquam inirent magistratum, in suos mores formare.

[2] cottidie coibant remotis arbitris; inde impotentibus instructi consiliis, quae secreto ab aliis coquebant, iam haud dissimulando superbiam, rari aditus, conloquentibus difficiles, ad idus Maias rem perduxere.

[3] idus tum Maiae sollemnes ineundis ² magistratibus erant. inito igitur magistratu ³ primum honoris diem denuntiatione ingentis terroris insignem fecere. nam cum ita priores decemviri servassent ut unus fasces haberet et hoc insigne regium in orbem, suam cuiusque vicem, per omnes iret, subito omnes cum duodenis fascibus prodiere.

[4] centum viginti lictores forum impleverant et cum fascibus secures inligatas praeferebant; nec attinuisse demi securem, cum sine provocatione creati essent, interpretabantur.

[5] decem regum species erat multiplicatusque terror non infimis solum sed primoribus patrum, ratis caedis causam ac principium quaeri, ut si quis memorem libertatis vocem aut in senatu aut in populo ⁴ misisset statim virgae securesque etiam ad ceterorum metum expedirentur.

[6] nam praeterquam quod in populo nihil erat praesidii sublata provocatione, intercessionem quoque consensu sustulerant, cum priores decemviri appellatione collegae corrigi reddita ab se iura tulissent et quaedam, quae sui iudicii videri possent, ad populum reiecissent. aliquamdiu aequatus inter omnes terror fuit;

[7] paulatim totus vertere in plebem coepit. abstinebatur a patribus; in humiliores libidinose crudeliterque consulebatur. hominum , non causarum toti erant, ut apud ⁵ quos gratia vim aequi haberet.

[8] iudicia domi conflabant, pronuntiabant in foro. si quis collegam appellasset, ab eo ad quem venerat ita discedebat ut paeniteret non prioris decreto stetisse.

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).) — 3.36 focus

[1]

ille finis Appio alienae personae ferendae ¹ fuit. suo iam inde vivere ingenio coepit novosque collegas, iam priusquam inirent magistratum, in suos mores formare.

[4] centum viginti lictores forum impleverant et cum fascibus secures inligatas praeferebant; nec attinuisse demi securem, cum sine provocatione creati essent, interpretabantur.

[6] nam praeterquam quod in populo nihil erat praesidii sublata provocatione, intercessionem quoque consensu sustulerant, cum priores decemviri appellatione collegae corrigi reddita ab se iura tulissent et quaedam, quae sui iudicii videri possent, ad populum reiecissent. aliquamdiu aequatus inter omnes terror fuit;

[8] iudicia domi conflabant, pronuntiabant in foro. si quis collegam appellasset, ab eo ad quem venerat ita discedebat ut paeniteret non prioris decreto stetisse.

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)) — 3.36 focus

[1]

Appius now threw off the mask he had ¹ been wearing, and began from that moment to live as his true nature prompted him. His new colleagues too he commenced, even before they entered upon office, to fashion after his own character.

[2] Every day they met together without witnesses. The tyrannical designs which they there adopted they matured in secret. They now no longer sought to conceal their pride; they were difficult of access, and surly towards those who sought to speak with them.

[3] Thus they carried matters until the Ides of May, ² at that time the traditional date for ³ beginning a term of office. So then, when they had taken up their duties, they signalized the first day of their administration by a terrible threat. For whereas the former decemvirs had kept to the rule that only one should have the fasces, and that this regal emblem should pass from one to another in rotation, so that each should have his turn, they suddenly appeared in public, every man with his twelve fasces.

[4] A hundred and twenty lictors crowded the Forum, and before them, bound up in the rods, they carried axes. And indeed the decemvirs explained that there had been no reason for removing the axe, since the office to which they had been chosen was without appeal.

[5] They seemed like ten kings; and the terror they inspired, not only in the humblest citizens but in the leaders of the senate, was intensified by the belief that the decemvirs were merely seeking a pretext and an opening for bloodshed, so that if anybody should pronounce a word in praise of liberty, either in the senate or before the people, the rods and axes might instantly be made ready, were it only to frighten the rest.

[6] For besides that there was no help in the people, the right of appeal having been taken away, they had further agreed not to interfere with each other's decisions; whereas their predecessors had allowed their judgments to be revised upon appeal to one of their colleagues; and certain cases which might have been held to be within their own competence they had referred to the people.

[7] For a brief period the terror was shared equally by all; but little by little its full force began to fall upon the plebs. The patricians were left unmolested; humbler folk were dealt with arbitrarily and cruelly.

[8] It was all a question of persons, ⁴ not of causes, with the decemvirs, since influence held with them the place of right. They concocted their judgments in private, and pronounced them in the Forum. If anybody sought redress from another decemvir, he came away regretting that he had not accepted the decision of the first.

[9] Moreover a report had got out, though it was not vouched for, that they had not only conspired for present wrongdoing but had ratified with an oath a secret agreement amongst themselves not to call an election, but by means of a perpetual decemvirate to hold the power they had once for all acquired.

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.) — 3.36 focus

[1] This¹ was the end of Appius' assumption of a part foreign to his nature. From that time his conduct was in accordance with his natural disposition, and he began to mould his new colleagues, even before they entered on office, into the lines of his own character.

[2] They held private meetings daily; then, armed with plans hatched in absolute secrecy for exercising unbridled power, they no longer troubled to dissemble their tyranny, but made themselves difficult of access, harsh and stern to those to whom they granted interviews.

[3] So matters went on till the middle of May. At that period, May 15, was the proper time for magistrates to take up their office. At the outset, the first day of their government was marked by a demonstration which aroused great fears. For, whereas the previous decemvirs had observed the rule of only one having the “ fasces ” at a time and making this emblem of royalty go to each in turn, now all the Ten suddenly appeared, each with his twelve lictors.

[4] The Forum was filled with one hundred and twenty lictors, and they bore the axes tied up in the “ fasces.” The decemvirs explained it by saying that as they were invested with absolute power of life and death, there was no reason for the axes being removed.

[5] They presented the appearance of ten kings, and manifold fears were entertained not only by the lowest classes but even by the foremost of the senators. They felt that a pretext for commencing bloodshed was being sought for, so that if any one uttered, either in the senate or amongst the people, a single word which reminded them of liberty, the rods and axes would instantly be made ready for him, to intimidate the rest.

[6] For not only was there no protection in the people now that the right of appeal to them was withdrawn, but the decemvirs had mutually agreed not to interfere with each other's sentences, whereas the previous decemvirs had allowed their judicial decisions to be revised on appeal to a colleague, and certain matters which they considered to be within the jurisdiction of the people they had referred to them.

[7] For some time they inspired equal terror in all, gradually it rested wholly on the plebs. The patricians were unmolested; it was the men in humble life for whom they reserved their wanton and cruel treatment. They were solely swayed by personal motives, not by the justice of a cause, since influence had with them the force of equity.

[8] They drew up their judgments at home and pronounced them in the Forum; if any one appealed to a colleague, he left the presence of the one to whom he had appealed bitterly regretting that he had not abided by the first sentence.

[9] A belief, not traceable to any authoritative source, had got abroad that their conspiracy against law and justice was not for the present only, a secret and sworn agreement existed amongst them not to hold any elections, but to keep their power, now they had once obtained it, by making the decemvirate perpetual.

Notes on the current edition

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

1. Impotentibus, sc. immoderatis — — rari aditus, the genitive singular. — Stroth.

2. Nec attinuisse demi securim, quum sine provocatione creati essent, interpretabantur. Valerius Publicola had introduced the custom of not having the axes tied up with the fasces when carried before the consuls in the city. But the decemvirs said that this was, because an appeal from the consuls to the people was allowed. Whence, since their jurisdiction allowed of no appeal, they interpreted, i. e. by interpreting the meaning or intention of this custom, 5 they concluded that they were not bound by it, and that there was no reason why they should remove the axes from the fasces. — Crev.

3. Provocatione —– intercessionem. The provocatio was to the people, whilst the intercessio referred to the decemvirs against a colleague.

Titus Livius (Livy) Ab urbe condita 3.36

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

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