19. Cepisset; connected by et to fuissent, and in the subjunctive by PAGE the same rule. 83 21. Qui...auctores fuissent. With consultum, sc. esse, we must supply a patribus; literally, that it had been consulted too mildly, that the senate had proceeded with too much indulgence. Tis refers to consules, and the clause quod—fuissent explains the words mollius consultum; in that they had approved the laws proposed by them. 22. Neque erat dubium, etc. This clause, like the preceding one, is said in accordance with the opinion of the senators referred to, multi. They had no doubt that nothing but the necessities of the time had compelled the senate to pass the laws proposed by the consuls. Alschefski thinks that the idea is implied, that so soon as the times should change, the senate would regain what it had lost, and reassert the rights of the patricians. BOOK FOURTH. THE chapters selected from this book refer to two important plebeian laws: first, the law of Canuleius, to repeal the law of the twelve tables, which forbade intermarriages (connubia) between the patricians and the plebeians, and to make such intermarriages legitimate; second, the law proposed by the other nine tribunes, "that the consulship should be thrown open, without distinction, to the members of both orders." To the Canuleian law, the patricians, after making a vigorous opposition, were at length compelled to give their consent, and the law was passed. The passage of the second law they evaded by resorting to the device of appointing military tribunes, with consular power, who might be either plebeians or patricians. Compare Arn. Hist. Rome, vol. I., ch. xvi.; Schmitz's Hist. Rome (Andover ed.), p. 93; Liddell's Hist., c. xii. I.-3. Connubio. Connubium is a term comprehending all the condi- 84 tions of a legal Roman marriage. See Dict. Antiqq. (Marriage.) Before the passage of the Canuleian law, marriages were frequently contracted between the patricians and the plebeians; but as there could be no regular marriage (justum matrimonium) without connubium, such connections were liable to many legal restrictions; the children were not subject to the father's power, and could not inherit his property if he died intestate. 4. Rogationem promulgavit. See note, I. 17; and Dict. Antiqq., p. 580. PAGE 5. Jura gentium; i. e., of the Roman Gentes, or Houses; for an ac84 count of which see Dict. Antiqq., p. 470. 17. In majus...acceptis; being exaggerated; i. e., ita acceptis, ut majora viderentur, quam essent. So, in majus ferre, XXI. 32, incerta in majus-ferri solent. 25. Ad concionem advocavit; sc. plebem. II.-11. Ut, quemadmodum, etc. This reading is adopted as sufficiently warranted by MS. authority, and as more according to Latin usage than the reading in the former edition. The idea by both readings is substantially the same, that the patricians should have at least the dignity of their order, and be able to boast, even as the plebeians, 85 that it had been increased. 86 87 16. Perturbationem...afferre. The patricians claimed the sole and exclusive right of taking the auspices; see below, in c. 6, p. 90, quod nemo plebeius auspicia haberet. 22. Sacrorum; predicate genitive. In such marriages the plebeians were denied access to certain patrician sacred observances. 36. Subituros fuisse. See n. on et se, etc., I. 46. 5. Illine ut, etc.; sc. fieri posse, or concedi posse. Such an ellipsis frequently occurs, in questions expressing indignation; and sometimes even without any interrogative particle. 7. Quum...sed audeat, etc. Tantum non, almost, in which sense it frequently occurs, not only in Livy, but in other writers. Z. § 729; and when they have almost sent for the enemy, not allow armies to be enrolled against the enemy, but Canuleius dares, etc. III.-22. Viveretis. The subjunctive with qui, in dependence upon indigni, H. 501, III. 25. Quibus, etc.; quibus refers to rogationes, and is abl. of means; quid aliud the object of some verb understood, as agimus; by which what else are we doing but remind them, etc.; or it may be joined with admonemus; what else but this do we remind them of, etc. 32. Quid tandem est, etc.? to the question I pray you. turbing heaven and earth, etc.? = Tandem gives an expression of impatience 2. Perinde hoc valet...dicat? Perinde tamquam, just as if, exactly as if. Plebeiusne consul fiat; Alschefski reads, plebeius ne, etc., translating ne, that not. But the interrogative form of the clause seems best to agree with what follows: And does this question, whether a plebeian can be made consul, mean just the same as if some one said that a slave or the son of a slave was to be consul? 13. En unquam creditis fando anditum esse; sc. a nobis, Do you believe that we have ever heard? Fando audire; literally, to hear by saying i. e., hearsay, or to know by hearsay. 16. Tarquinium, non modo...sed ne... .quidem. See note on this Pagh construction, I. 40. IV.—2. Quid postea ? = quid inde consequitur? What then? 12. Decemviros legibus scribendis; for the dat., H. 564, 3. 17. Pessimo exemplo publico. Alschefski gives this reading on the authority of three of the best MSS., in preference to the reading proposed by Gronovius, pessimo publico. Pessimo publico certainly occurs in Livy (see II. 1, and the note); but it seems here to be the meaning of Livy, that the law of the decemvirs furnished a precedent of the greatest injury to the public interests, inasmuch as there were not wanting persons who were in favor of some such restrictions upon the plebeians at the present time. 22. Ne affinitatibus...cavcant, etc. Caveant, not cavent, is the reading of the best MSS.; and, as Alschefski has clearly shown, is required by the connection. The sentence is connected in thought with the sentence below, verum enimvero, etc. Let them see to it (or, they may see to it), that we are not united to them by marriage and relationship, that our blood is not mingled with theirs. How? If that is a stain upon that nobility of yours, which very many of you, who are descended from the Albans and the Sabines, have, not by race nor by blood, but by election, etc., could you not preserve its purity by private regulations? etc.; but, verily, that this should be prohibited by law—that, indeed, is insulting to the commons.-Propinquitas is relationship, in general; affinitas, relation by marriage. Cognatio means relation by blood.-D. 88 3. Cur non sancitis, etc.? This indignant expostulation of the ple- 89 beians may be compared with the plea of Shylock for the Jews in Shakespeare's Merchant of Venice, Act 3, Sc. 1: "Hath not a Jew eyes? hath not a Jew hands, organs, dimensions, senses, affections, passions? fed with the same food, hurt with the same weapons, subject to the same diseases, healed by the same means, warmed and cooled by the same winter and summer, as a Christian is? If you prick us, do we not bleed? if you tickle us, do we not laugh? if you poison us, do we not die?" V.-20. Si non...essetis? If you had not twice tried, etc. Bis, in reference to the two instances of the secession of the commons. 22. An ideo, etc. Or, was it on that account that there was no contest made, because the stronger party was also the more moderate? 29. Necessitadinibus. Necessitudo, in distinction from the words noticed above, c. 4, has a wider signification, and means a connection, either official, as that of patronus, collega, or private, as that of amicus.-D. VI.—1. In concionem; i. e., from the senate, where the speeches had 90 been delivered, to the assembly of the people in the forum. 5. Respondit. The word refers back to consules, but probably alter consulum is to be supplied as the subject, or (as Madvig conjectures) a proper name is here lost from the text. PAGE 12. Ut de connubio ferretur, concessere; gave their consent to the pas 90 sage of the law concerning the connubium. 37. Cessisse possessione. Cedere in the sense of yield, give up, is generally joined with the acc. of the thing given up, but sometimes, as here, with the abl. 22 93 THE chapters selected from this Book contain Livy's account of the battle of the Alia, and of the invasion of Rome by the Gauls. The whole narrative admirably illustrates the historical style of Livy, and especially that graphic power of description for which he is unrivalled among the ancient historians. It is indeed a series of historical pictures, from the hand of an ancient master, which bring directly before our eyes all the scenes belonging to this period of Roman history. The historian Niebuhr, while he rejects some of the details in Livy's account of these events, and prefers to follow other writers, yet accords the highest praise to this well-known and masterly narrative, and confesses that criticism cannot impair the imperishable fame of its author. "In his own peculiar excellences (I quote his own words), in that richness and warmth of coloring, which many centuries after were the characteristics of the Venetian painters born under the same sky, Livy never shone more brilliantly than in this description: a more vivid one is not to be found in any Latin or Greek historian."-Hist. Rome, vol. II., p. 544. XXXV. The arrival of the Gauls in Clusium, the embassy of the people of Clusium to Rome, and of the Romans to the Gauls. 9. Adversus Romanos. Adversus means primarily turned towards, and hence, as a preposition, means in a hostile sense, against, like contra, or in a friendly, towards, like erga. It here means in respect to. Hand, Turs. 1, p. 187. XXXVI. The Roman ambassadors take part in the battle of the Clusinians with the Gauls; whereupon the Gauls send an embassy to Rome, to demand that the ambassadors be given up to them, on account of their violation of the law of nations. 7. Quodnam, etc. The order of translation thus: Quum, Romanis quærentibus, quodnam—arma, et quid—esset, illi—dicerent, etc. ГАСЕ 27. Ne id......obstabat. Ne with obstare, in the sense of quominus, kept them from decreeing. Ambitio, love of favor, has here particular ref- 93 erence to the Fabii and their friends. 29. Cladis...acceptæ. Acceptæ is equivalent to si accepta esset. XXXVII. The Gauls, indignant at the failure of their embassy, set out on their hostile march to Rome, and reach the river Alia. 3. Quæ...dixisset. For subj. see note on absolverent, II, 8. 12. Ultro; even; i. e., that they were not only not punished, but even honored. 15. Ad...tamaltam; at their tumultuous movement, as they rapidly passed by. 22. Quippe quibus...occursum est. Quibus refers to hostium. For the indic. with quippe quibus, see note on quippe qui ruitis, III. 53. Dr. Arnold, following the account of Diodorus, states that the Romans first crossed the Tiber, expecting to meet the Gauls on the right bank of the river; but, on learning that the Gauls were advancing on the left bank, they were obliged to recross the river, "and without an instant's delay march out by the Salarian road, in order to encounter the enemy at as great a distance from the city as possible." Hist. Rome, vol. II., p. 323. In this manner Dr. Arnold accounts for the suddenness with which the battle of the Alia took place. Ib. p. 322, note 27. 23. Ad undecimum lapidem. The milestones of the Roman roads were called milliaria, from mille passus; also, as here, lapides. Thus ad undecimum lapidem means eleven miles from Rome. The Via Salaria, the road here referred to, commenced at the Porta Collina. See Dict. Antiqq., Milliarium. 24. Flumen Alia. "It is well known that to identify the famous Alia with any existing stream is one of the hardest problems of Roman topography. Virgil and Livy agree in placing it on the left bank of the Tiber. Westphal says, 'that something less than eleven miles from Rome there is a small brook with high banks,' and that on the right of the road at this spot you see the village of Marcigliana Vecchia." Arnold's Hist. Rome, vol. II., p. 323, n. 32. Marcigliana Vecchia is supposed to be the site of the ancient Crustumerium. The mention of the Alia in Virgil occurs in Æn. 7, 717 XXXVIII. The defeat of the Romans in the battle of the Alia. 31. Litato; like auspicato, originally an abl. absolute, but here used adverbially. As auspicato here precedes, litato seems to be used by Livy 94 |