Titus Livius (Livy), Ab urbe condita, ed. Robert Seymour Conway, ed. Charles Flamstead Walters, ed. Stephen Keymer Johnson, 3.33

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[1]

anno trecentensimo ¹ altero quam ² condita Roma erat iterum mutatur forma civitatis, ab consulibus ad decemviros, quem ad modum ab regibus ante ad consules venerat, translato translate imperio. minus insignis, quia non diuturna, mutatio fuit.

[2] laeta enim principia magistratus eius nimis luxuriavere; eo citius lapsa res est repetitumque duobus uti mandaretur consulum nomen imperiumque.

[3] decemviri creati Ap. Claudius T. Genucius P. Sestius ³ L. Veturius C. Iulius A. Manlius P. Sulpicius P. Curiatius T. Romilius ⁴ Sp. Postumius.

[4] Claudio et Genucio, quia designati consules in eum annum fuerant, pro honore honos redditus, et Sestio, alteri consulum prioris anni, quod eam rem collega invito ad patres rettulerat.

[5] his proximi habiti legati tres qui Athenas ierant, simul ut pro legatione tam longinqua praemio esset honos, simul peritos legum peregrinarum ad condenda nova iura usui fore credebant.

[6] supplevere ceteri numerum. graves quoque aetate electos novissimis suffragiis ferunt, quo minus ferociter aliorum scitis adversarentur.

[7] regimen totius magistratus penes Appium erat favore ⁵ plebis; adeoque novum sibi ingenium ⁶ induerat ut plebicola repente omnisque aurae popularis captator evaderet pro truci saevoque insectatore plebis.

[8] decimo die ius populo singuli reddebant. eo die penes praefectum iuris fasces duodecim erant: collegis novem singuli accensi apparebant. et in unica concordia inter ipsos, qui consensus privatis interdum inutilis est, ⁷ summa adversus alios aequitas erat.

[9] moderationis eorum argumentum exemplo unius rei notasse satis erit. cum sine provocatione creati essent, defosso cadavere domi apud P. Sestium, ⁸ patriciae gentis virum,

[10] invento prolatoque in contionem, in re iuxta manifesta atque atroci C. Iulius decemvir diem Sestio ⁹ dixit et accusator ad populum exstitit, cuius rei iudex legitimus erat, decessitque iure ¹⁰ suo, ut demptum de vi magistratus populi libertati adiceret.

Ab urbe condita. Titus Livius (Livy). ed. Robert Seymour Conway, ed. Charles Flamstead Walters, ed. Stephen Keymer Johnson. Medford, MA. .

Sponsored by Perseus Project, Tufts University.

Funding provided by The National Endowment for the Humanities.

Current edition Perseus

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

Editions (2)

Ab urbe condita Perseus (Pars I-IV, Libri I-XL. Editio Stereotypica. Weissenborn, Wilhelm; Mueller, Moritz, editors. Leipzig: Teubner, 1884-1911.) — 3.33 focus

[1] anno trecentesimo altero, quam condita Roma erat, iterum mutatur forma civitatis, ab consulibus ad decemviros, quem ad modum ab regibus ante ad consules venerat, translato imperio. minus insignis, quia non diuturna, mutatio fuit.

[2] laeta enim principia magistratus eius nimis luxuriavere; eo citius lapsa res est repetitumque, duobus uti mandaretur consulum nomen imperiumque.

[3] Decemviri creati Ap. Claudius, T. Genucius, P. Sestius, L. Veturius, C. Iulius, A. Manlius, P. Sulpicius, P. Curiatius, T. Romilius, Sp. Postumius.

[4] Claudio et Genucio, quia designati consules in eum annum fuerant, pro honore honos redditus, et Sestio, alteri consulum prioris anni, quod eam rem collega invito ad patres rettulerat.

[5] his proximi habiti legati tres, qui Athenas ierunt, simul ut pro legatione tam longinqua praemio esset honos, simul peritos legum peregrinarum ad condenda nova iura usui fore credebant. supplevere ceteri numerum.

[6] graves quoque aetate electos novissimis suffragiis ferunt, quo minus ferociter aliorum scitis adversarentur.

[7] regimen totius magistratus penes Appium erat favore plebis; adeoque novum sibi ingenium induerat, ut plebicola repente omnisque aurae popularis captator evaderet pro truci saevoque insectatore plebis. decumo die ius populo singuli reddebant.

[8] eo die penes praefectum iuris fasces duodecim erant; collegis novem singuli accensi apparebant. et in unica concordia inter ipsos, qui consensus privatis interdum inutilis est, summa adversus alios aequitas erat.

[9] moderationis eorum argumentum exemplo unius rei notasse satis erit. cum sine provocatione creati essent, defosso cadavere domi apud P. Sestium, patriciae gentis virum,

[10] invento prolatoque in contionem, in re iuxta manifesta atque atroci C. Iulius decemvir diem Sestio dixit et accusator ad populum extitit, cuius rei iudex legitimus erat, decessitque iure suo, ut demptum de vi magistratus populi libertati adiceret.

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).) — 3.33 focus

[1]

[2] laeta enim principia magistratus eius nimis luxuriavere; eo citius lapsa res est repetitumque duobus uti mandaretur consulum nomen imperiumque.

[3] decemviri creati Ap. Claudius T. Genucius P. Sestius ³ L. Veturius C. Iulius A. Manlius P. Sulpicius P. Curiatius T. Romilius ⁴ Sp. Postumius.

[4] Claudio et Genucio, quia designati consules in eum annum fuerant, pro honore honos redditus, et Sestio, alteri consulum prioris anni, quod eam rem collega invito ad patres rettulerat.

[5] his proximi habiti legati tres qui Athenas ierant, simul ut pro legatione tam longinqua praemio esset honos, simul peritos legum peregrinarum ad condenda nova iura usui fore credebant.

[6] supplevere ceteri numerum. graves quoque aetate electos novissimis suffragiis ferunt, quo minus ferociter aliorum scitis adversarentur.

[9] moderationis eorum argumentum exemplo unius rei notasse satis erit. cum sine provocatione creati essent, defosso cadavere domi apud P. Sestium, ⁸ patriciae gentis virum,

Translations (3)

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)) — 3.33 focus

[1]

In the three hundred and second year ¹ from the founding of Rome the form of the polity was changed again, with the transfer of supreme authority from consuls to decemvirs, even as before it had passed from kings to consuls.

[2] It was not so remarkable a change, because it did not last long. For the luxuriant beginnings of this magistracy took on too rank a growth; and in consequence it soon died down, and the custom was resumed of entrusting to two men the name and authority of consuls.

[3] The decemvirs chosen were Appius Claudius, Titus Genucius, Publius Sestius, Lucius Veturius, Gaius Julius, Aulus Manlius, Publius Sulpicius, Publius Curiatius, Titus Romilius, and Spurius Postumius.

[4] To Claudius and Genucius, the consuls-elect for that year, the new office was given in compensation for the other; and to Sestius, one of the consuls of the year before, because he had brought the measure before the senate against his colleague's will. ²

[5] Next to these were honoured the three envoys who had gone to Athens, not only that the office might serve to reward them for so distant a mission, but also in the belief that their knowledge of foreign laws would be useful in compiling a new code. The other four filled up the number.

[6] It is said that old men were chosen for the last places, that they might make a less vigorous opposition to the measures proposed by the rest.

[7] The guiding hand in the whole magistracy was that of Appius, thanks to the favour of the plebs; and so novel a character had he assumed, ³ that from being a harsh and cruel persecutor of the plebs, he came out all at once as the people's friend, and caught at every breath of popularity. ⁴

[8] Sitting each one day in ten they administered justice to the people. On that day he who presided in court had twelve fasces; ⁵ his nine colleagues were each attended by a single orderly. And while they maintained an unparalleled harmony amongst themselves —a unanimity sometimes prejudicial to the governed, —they treated others with the utmost fairness.

[9] As proof of their moderation, it will suffice to note a single example. Though they had been chosen to a magistracy from which there was no appeal, yet when a corpse was found buried in the house of Publius

[10] Sestius, a patrician, and produced before the assembly, and the man's guilt was as clear as it was heinous, Gaius Julius the decemvir summoned Sestius to trial, and appeared before the people to prosecute a man of whose guilt he was the lawful judge, surrendering his own prerogative that he might add to the liberty of the people what he subtracted from the power of the magistracy.

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 3.33 focus

[1]

In the three hundred and first year after Rome was built, the form of the government was a second time changed, the supreme power being transferred from consuls to decem- virs, as it had passed before from kings to consuls.

[2] The change was less remarkable, because not of long duration; for the joyous commencement of that government became too licentious. So much the sooner did the matter fall, and (the usage) was recurred to, that the name and authority of consuls was committed to two persons.

[3] The decemvirs appointed were, Appius Claudius, Titus Genucius, Publius Sestius, Lucius Veturius, Caius Julius, Aulus Manlius, Servius Sulpicius, Publius Curiatius, Titus Romilius, Spurius Postumius.

[4] On Claudius and Genucius, because they had been elected consuls for that year, the honour was conferred in compensation for the honour (of the consulate); and on Sestius, one of the consuls of the former year, because he had proposed that matter to the senate against the will of his colleague.

[5] Next to these were considered the three ambassadors who had gone to Athens; at the same time that the honour might serve as a recompence for so distant an embassy; at the same time they considered that persons acquainted with the foreign laws would be of use in digesting the new code of regulations.

[6] Other persons made up the number. They say that persons advanced in years were appointed by the last suffrages, in order that they might oppose with less warmth the opinions of others.

[7] The direction of the entire government was rested in Appius through the favour of the commons, and he had assumed a demeanour so new, that from a severe and harsh reviler of the people, he became suddenly a protector of the commons, and a candidate for popular favour.

[8] They administered justice to the people one every tenth day. On that day the twelve fasces attended the prefect of justice; one beadle attended each of his nine colleagues, and in the singular harmony among themselves, which unanimity might sometimes prove prejudicial to private persons, the strictest equity was shown to others. It will suffice to adduce a proof of their moderation by instancing one matter.

[9] Though they had been appointed without (the privilege of) appeal, yet a dead body having been found buried in the house of Publius Sestius, a man of patrician rank, and this

[10] having been brought forward in an assembly, in a matter equally clear and atrocious, Caius Julius, a decemvir, appointed a day of trial for Sestius, and appeared before the people as prosecutor (in a matter) of which he was legally a judge; and relinquished his right, so that he might add what had been taken from the power of the office to the liberty of the people.

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.) — 3.33 focus

[1] For the second time —in the 301st year from the foundation of Rome —was the form of government changed; the supreme authority was transferred from consuls to decemvirs, just as it had previously passed from kings to consuls.

[2] The change was the less owing to its short duration, for the happy beginnings of that government developed into too luxuriant a growth; hence its early failure and the return to the old practice of entrusting to two men the name and authority of consul.

[3] The decemvirs were Appius Claudius, T. Genucius, P. Sestius, L. Veturius, C. Julius, A. Manlius, P. Sulpicius, P. Curiatius, T. Romilius, and Sp. Postumius.

[4] As Claudius and Genucius were the consuls designate, they received the honour in place of the honour of which they were deprived. Sestius, one of the consuls the year before, was honoured because he had, against his colleague, brought that subject before the senate.

[5] Next to them were placed the three commissioners who had gone to Athens , as a reward for their undertaking so distant an embassage, and also because it was thought that those who were familiar with the laws of foreign States would be useful in the compilation of new ones.

[6] It is said that in the final voting for the four required to complete the number, the electors chose aged men, to prevent any violent opposition to the decisions of the others.

[7] The presidency of the whole body was, in accordance with the wishes of the plebs, entrusted to Appius. He had assumed such a new character that from being a stern and bitter enemy of the people he suddenly appeared as their advocate, and trimmed his sails to catch every breath of popular favour.

[8] They administered justice each in turn, the one who was presiding judge for the day was attended by the twelve lictors, the others had only a single usher each. Notwithstanding the singular harmony which prevailed amongst them —a harmony which under other circumstances might be dangerous to individuals —the most perfect equity was shown to others.

[9] It will be sufficient to adduce a single instance as proof of the moderation with which they acted. A dead body had been discovered and dug up in the house of Sestius, a member of a patrician family.

[10] It was brought into the Assembly. As it was clear that an atrocious crime had been committed, Caius Julius, a decemvir, indicted Sestius, and appeared before the people to prosecute in person, though he had the right to act as sole judge in the case. He waived his right in order that the liberties of the people might gain what he surrendered of his power.

Notes on the current edition

Ab urbe condita

1. trecentensimo Conway and Walters: trecentesimo W.

2. A.U.C. 303

3. Sestius ( cf. chap. xxxii. § 5): Sextius W.

4. Romilius D ( cf. chap. xxxi. § 2 and Dion . Hal. x. lvi. 2): Romulius (Romolius) W.

5. favore P 3 marg. F 3 0R 2 D 1 s: pauore W: auore P: p l auore P 1: p. 1. auore B.

6. A.U.C. 303

7. est doering : esset W.

8. P. Sestium s ( chap. xxxii. § 5): p. sextium W: sextium vorm . M.

9. Sestio PFUHL: festio M: sextio BOD.

10. iure s: ex iure W.

Titus Livius (Livy) Ab urbe condita 3.33

ed. Robert Seymour Conway, ed. Charles Flamstead Walters, ed. Stephen Keymer Johnson

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