Titus Livius (Livy), Ab urbe condita, D. Spillan, A.M., M.D. (Translator), Cyrus Edmonds (Translator), William A. McDevitte (Translator), 3.45

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[1]

Appius prefaced his decree by observing that the very law, which Virginius's friends were putting forward as the ground of their demand, clearly showed how much he favoured liberty. But that liberty would find secure protection in it on this condition, that it varied ¹ neither with respect to Cases or persons. ² For with respect to those individuals who were claimed as free, that point of law was good, because ³ any person may pro- ceed by law (and act for them); with respect to her who is in the hands of her father, that there was no other

[2] person (than her father) to whom her master need relinquish his right of possession. That it was his determination, therefore, that her father should be sent for: in the mean time, that the claimant should suffer no loss of his right, but that he should carry off the girl with him, and promise that she should be produced on the arrival of him who was called her father. When many rather murmured against the injustice of this decision than any one individual ventured to protest against it, the girl's uncle, Publius Numitorius, and her betrothed

[3] spouse, Icilius, just come in; and way being made through the crowd, the multitude thinking that Appius might be most effectually resisted by the intervention of Icilius, the lictor declares that

he had decided the matter,

and removes Icilius, when he attempted to raise his voice. Injustice so atrocious would have fired even a cool temper.

By the sword, Appius,

says he,

I must be removed hence, that you may carry off in silence that which you wish to be concealed. This young woman I am about to marry, determined to have a lawful and chaste wife. Wherefore call together all the lictors even of your colleagues; order the rods and axes to be had in readiness; the betrothed wife of Icilius shall not remain without her father's house. Though you have taken from us the aid of our tribunes, and the power of appeal to the commons of Rome, the two bulwarks for maintaining our liberty, absolute dominion has

[4]

not therefore been given to you over our wives and children. Vent your fury on our backs and necks; let chastity at least be secure. If violence be offered to her, I

[5]

shall implore the protection of the citizens here present in behalf of my spouse; Virginius will implore that of the soldiers in behalf of his only daughter; we shall all implore the protection of gods and men, nor shall you carry that sentence into effect without our blood. I demand of you, Appius, consider again and again to what lengths you are proceeding. Let Virginius, when he comes, consider what conduct he should pursue with respect to his daughter. Let him only be assured of this, that if he yield to the claims of this man, he will have to seek out another match for his daughter. As for my part, in vindicating the liberty of my spouse, life shall leave me sooner than my honour.

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.) — 3.45 focus

[1] Appius decreto praefatur, quam libertati faverit, eam ipsam legem declarare, quam Vergini amici postulationi suae praetendant;

[2] ceterum ita in ea firmum libertati fore praesidium, si nec causis nec personis variet; in iis enim, qui adserantur in libertatem, quia quivis lege agere possit, id iuris esse; in ea, quae in patris manu sit, neminem esse alium, cui dominus possessione cedat;

[3] placere itaque patrem arcessiri, interea iuris sui iacturam adsertorem non facere, quin ducat puellam sistendamque in adventum eius, qui pater dicatur, promittat.

[4] adversus iniuriam decreti cum multi magis fremerent, quam quisquam unus recusare auderet, P. Numitorius, puellae avus, et sponsus Icilius interveniunt; dataque inter turbam via,

[5] cum multitude multitudo Icili maxime interventu resisti posse Appio crederet, lictor decresse ait vociferantemque Icilium submovet.

[6] placidum quoque ingenium tam atrox iniuria accendisset. “ferro hinc tibi submovendus sum, Appi,” inquit, “ut taciturn tacitum feras, quod celari vis.

[7] virginem ego hanc sum ducturus nuptamque pudicam habiturus. proinde omnes collegarum quoque lictores convoca; expediri virgas et secures iube; non manebit extra domum patris sponsa Icili.

[8] non, si tribunicium auxilium et provocationem plebi Romanae, duas arces libertatis tuendae, ademistis, ideo in liberos quoque nostros coniugesque regnum vestrae libidini datum est.

[9] saevite in tergum et in cervices nostras; pudicitia saltem in tuto sit! huic si vis adferetur, ego praesentium Quiritium pro sponsa, Verginius militum pro unica filia, omnes deorum hominumque inplorabimus fidem, neque tu istud umquam decretum sine caede nostra referes.

[10] postulo, Appi, etiam atque etiam consideres, quo progrediare.

[11] Verginius viderit de filia, ubi venerit, quid agat; hoc tantum sciat, sibi, si huius vindiciis cesserit, condicionem filiae quaerendam esse. me vindicantem sponsam in libertatem vita citius deseret quam fides.”

Ab urbe condita Perseus (Conway, Robert Seymour; Walters, Charles Flamstead; Johnson, Stephen Keymer, editors. Oxford: Oxford University Press, 1914-1935. (Oxford Classical Texts)) — 3.45 focus

[1]

Appius decreto praefatur, ¹ quam libertati faverit eam ipsam legem declarare quam Vergini amici postulationi suae praetendant;

[2] ceterum ita in ea firmum libertati fore praesidium si nec causis nec personis variet; in aliis ² enim qui adserantur in libertatem quia quivis lege agere possit, id iuris esse: in ea quae in patris manu sit neminem esse alium cui dominus possessione cedat.

[3] placere itaque patrem arcessiri, interea iuris sui iacturam adsertorem non facere quin ducat puellam sistendamque in adventum eius qui pater dicatur promittat.

[4] adversus iniuriam decreticum multi magis fremerent quam quisquam unus recusare auderet, P. Numitorius, puellae avus, ³ et sponsus Icilius interveniunt;

[5] dataque inter turbam via, cum multitudo multitude Icili maxime interventu resisti posse Appio crederet, lictor decresse ait vociferantemque Icilium submovet.

[6] placidum quoque ingenium tam atrox iniuria accendisset.

ferro hinc tibi submovendus sum, Appi

inquit,

ut tacitum feras quod celari vis. virginem ego hanc sum ducturus nuptamque pudicam habiturus.

[7]

proinde omnes collegarum quoque lictores convoca; expediri virgas et secures iube; non manebit extra domum patris sponsa Icili.

[8]

non , si tribunicium auxilium et provocationem plebi Romanae, duas arces libertatis tuendae, ademistis, ideo in liberos quoque nostros coniugesque regnum vestrae libidini datum est.

[9]

saevite in tergum et in cervices nostras: pudicitia saltem in tuto sit. huic si vis adferetur, ego praesentium Quiritium pro sponsa, Verginius militum pro unica filia, omnes deorum hominumque implorabimus fidem, neque tu ⁴ istud unquam decretum sine caede nostra referes.

[10]

postulo , Appi, etiam atque etiam consideres quo progrediare.

[11]

Verginius viderit de filia ubi venerit quid agat; hoc tantum sciat, sibi si huius vindiciis cesserit condicionem filiae quaerendam esse. me vindicantem sponsam in libertatem vita citius deseret quam fides.

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).) — 3.45 focus

[1]

Appius decreto praefatur, ¹ quam libertati faverit eam ipsam legem declarare quam Vergini amici postulationi suae praetendant;

[3] placere itaque patrem arcessiri, interea iuris sui iacturam adsertorem non facere quin ducat puellam sistendamque in adventum eius qui pater dicatur promittat.

[4] adversus iniuriam decreticum multi magis fremerent quam quisquam unus recusare auderet, P. Numitorius, puellae avus, ³ et sponsus Icilius interveniunt;

[5] dataque inter turbam via, cum multitudo multitude Icili maxime interventu resisti posse Appio crederet, lictor decresse ait vociferantemque Icilium submovet.

[6] placidum quoque ingenium tam atrox iniuria accendisset.

ferro hinc tibi submovendus sum, Appi

inquit,

ut tacitum feras quod celari vis. virginem ego hanc sum ducturus nuptamque pudicam habiturus.

[7]

proinde omnes collegarum quoque lictores convoca; expediri virgas et secures iube; non manebit extra domum patris sponsa Icili.

[8]

non , si tribunicium auxilium et provocationem plebi Romanae, duas arces libertatis tuendae, ademistis, ideo in liberos quoque nostros coniugesque regnum vestrae libidini datum est.

[9]

[10]

postulo , Appi, etiam atque etiam consideres quo progrediare.

[11]

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)) — 3.45 focus

[1]

Appius prefaced his decision by saying that it was evident how much he favoured liberty from that very law which the friends of Verginius made the pretext for their claim;

[2] but the law would afford liberty a sure protection only if it varied neither with causes nor with persons; for in the case of others who were claimed as free, the demand was legal, since any one might bring an action: in the case of one who was under the authority of a father there was no one else to whom the master ought to yield the custody;

[3] accordingly he decreed that the father should be summoned, and that meanwhile the claimant should not relinquish his right, but should ¹ take the girl in charge and guarantee that she should be produced at the coming of him who was called her father. ²

[4] Against the injustice of the decree, though many murmured their disapproval, there was not a single man who dared to stand out; when Publius Numitorius, the girl's great-uncle, ³ and her lover Icilius, arrived on the scene.

[5] When a path had been opened for them through the throng, since the crowd believed that the intervention of Icilius would be particularly effectual in resisting Appius, the lictor cried that the case had been decided, and as Icilius began to protest, attempted to thrust him aside.

[6] Even a placid nature would have been incensed by so violent an insult.

You must use iron to rid yourself of me, Appius,

he cried,

that you may carry through in silence what you desire should be concealed. This maiden I am going to wed; and I intend that my bride shall be chaste.

[7]

So call together all your colleagues' lictors too; bid them make ready rods and axes: the promised wife of Icilius shall not pass the night outside her father's house.

[8]

No! If you have taken from the Roman plebs the assistance of the tribunes and the right of appeal, two citadels for the defence of liberty, it has not therefore been granted to your lust to lord it over our children and our wives as well!

[9]

Vent your rage upon our backs and our necks: let our chastity at least be safe. If that shall be assailed, I will call on the Quirites here present to protect my bride, Verginius will invoke the help of the soldiers in behalf of his only ⁴ daughter, and all of us will implore the protection of gods and men;

[10]

nor shall you ever repeat that decree of yours without shedding our blood. I ask you, Appius, to consider earnestly whither you are going.

[11]

Let Verginius decide what to do about his daughter, when he comes; but of one thing he may rest assured: if he yields to this man's claim, he will have to seek a husband for her. As for me, in defence of the freedom of my bride I will sooner die than prove disloyal.

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.) — 3.45 focus

[1] Before giving judgment, Appius showed how liberty was upheld by that very law to which the friends of Verginia had appealed in support of their demand.

[2] But, he went on to say, it guaranteed liberty only so far as its provisions were strictly adhered to as regarded both persons and cases. For where personal freedom is the matter of claim, that provision holds good, because any one can lawfully plead, but in the case of one who is still in her father's power, there is none but her father to whom her master need renounce possession.

[3] His decision, therefore, was that the father should be summoned, and in the meanwhile the man who claimed her should not forego his right to take the girl and give security to produce her on the arrival of her reputed father.

[4] The injustice of this sentence called forth many murmurs, but no one ventured on open protest, until P. Numitorius, the girl's grandfather, and Icilius, her betrothed, appeared on the scene.

[5] The intervention of Icilius seemed to offer the best chance of thwarting Appius, and the crowd made way for him. The lictor said that judgment had been given, and as Icilius continued loudly protesting he attempted to remove him.

[6] Such rank injustice would have fired even a gentle temper. He exclaimed, “I am, at your orders, Appius, to be removed at the point of the sword, that you may stifle all comment on what you want to keep concealed.

[7] I am going to marry this maiden, and I am determined to have a chaste wife. Summon all the lictors of all your colleagues, give orders for the axes and rods to be in readiness —the betrothed of Icilius shall not remain outside her father's house.

[8] Even if you have deprived us of the two bulwarks of our liberty —the aid of our tribunes and the right of appeal to the Roman plebs —that has given you no right to our wives and children, the victims of your lust.

[9] Vent your cruelty upon our backs and necks; let female honour at least be safe. If violence is offered to this girl, I shall invoke the aid of the Quirites here for my betrothed, Verginius that of the soldiers for his only daughter;

[10] we shall all invoke the aid of gods and men, and you shall not carry out that judgment except at the cost of our lives.

[11] Reflect, Appius, I demand of you, whither you are going! When Verginius has come, he must decide what action to take about his daughter; if he submits to this man's claim, he must look out another husband for her. Meantime I will vindicate her liberty at the price of my life, sooner than sacrifice my honour.”

Notes on the current edition

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

Appius here contrasts two classes of persons, one 2 consisting of individuals, who are in their own power; the other, of those who are not sui juris, but are under the control either of a parent, or some other person. If the question arise concerning a person who is sui juris, whether he is to be consigned to slavery, or to be restored to liberty, then

id juris esse,

sc. that he remain free till the decision is made, because any person, as being homo sui juris, and consequently he himself,

may proceed by law;

but he says, that this does not hold good with respect to a person who is not sui juris, but is in the hands of others; such a person, he says, cannot be pronounced free, but must be subject to the power, either of the parent or master, so that no injury be done to either. Wherefore, since the girl is not sui juris, she must be in the power, either of Virginius, who says he is her father, or of Claudius, who says he is her master. But since Virginius is not present, that she can be in the power 3 of no one but Claudius, until Virginius arrive.

I cannot resist the temptation of giving in full Mr. Gunn's note on the passage, as found in his very neat edition of our author.

Appius for his own purposes, in interpreting his own law, introduces a distinction betwixt those who were suijuris, entirely free, and those who were subject to the patria potestas. The law, according to him, can apply only to the former, because in them only is there a true claim for 4 liberty, and in them only could a judge give an interim decision secundum libertatem. To give such a decision in favour of Virginia, would be a variatio personarum; it would be introducing as entitled to the benefit of the law a class of persons, who were, even according to their own statements, not entitled to vindiciae 5 secundum libertatem. Besides, and most important of all, the law could act in the former, as any citizen was entitled to plead the cause of one presumptively free. But in this case no one could plead, but either the father as master on the one hand, or the alleged master on the other: as the father was not present, consequently no one had any legal claim to urge the law.

2. Si nec causis nec personis variet. Sc. lex variet. Some 6 understand libertas as the nominative to variet.

3. Because any person.

As the law permits any strangers to interpose in vindicating an individual's liberty, they have an undoubted right so to do. But the question is not whether this maiden is free: that she cannot be in any case; for she belongs either to her father or her master. Now as her father is not present to take charge of her, no one here but her master can have any title to her.

Appius argues that he could not pronounce in favour of her temporary liberty, without prejudice to her father's right and power over her: as 7?? there was no one present, who claimed a legal right to the possession of her but M. Claudius, the judge had no alternative but to award her during the interim to his safe keep- ing. — Stocker.

Titus Livius (Livy) Ab urbe condita 3.45

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

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