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quem in servitutem, to claim one as a slave;—in libertatem, to claim 61 as free. Vindicia means an interim decision, that the condition of the person in question, whether a slave or a free person, shall remain the same as it has hitherto been, till the final decision of the suit.

27. Auctoribus-sequerentur. Adesse, to be present; hence, to stand by, to take one's part. Auctoribus is in abl. abs. with the antecedent of qui. "While those who took her part advised them to follow." Them, i. e. Virginia and the nurse.

CH. XLV.-43. Cæterum ita, etc. Ita-si : = not, unless. See note on B. 1, c. 8. "That however there would not be in that law a firm security for liberty, unless it were invariable in its operations in respect to all causes and persons."

44. In his enim, etc. Appius preferred to consider the case of Virginia as one without the province of the law in question. Is contended that it applied only to those who were independent, and free sui juris. If such a person were claimed as a slave, the law allowed him, by an interim decision, to be considered free, till he was proved a slave, and required the claimant to be content with taking the offered security. But this maiden, he argued, was not in any case free; she belonged either to her master or to her father; and as her father was not present, her master had for the present an exclusive title to her.

14. Ut tacitum feras, etc. Ferre, metaphorically as the English 62 carry, as in the expression carry a point. So ferre tacitum ab aliquo, i. e. carry a thing without one's speaking of it, when one submits without a word of opposition. This occurs in B. 1, 50. Ne id quidem ab Turno tulisse (sc. Tarquinium) tacitum ferunt.—Compare Terence. Andr. 3, 5, 4, sed inultum numquam id auferet.

This read

14. Virginem-nuptamque pudicam habiturus, "I intend to marry this maiden, and will have in her a chaste bride." ing is from Alschefski, instead of nuptam pudicamque.

27. Virginius viderit. See note on videris, B. 2, c. 40. 29. Conditionem filiæ, etc. Conditio, properly the making firm, settling; hence, 1, condition, relation, (a) of persons, (b) of things; 2, in the language of business, making the conditions for something,hence, condition, agreement, proposal; 3, in relation to the conditions agreed upon in marriages, marriage, marriage-connection, settlement. (Freund.) "Must seek another marriage-connection for his daughter." CH. XLVI.-38. Justo die se, etc. This is the reading of Alschefski, from three of the best MSS. With dicturum must be supplied vindicias secundum servitutem; or dicere may be taken absolutely, as in c. 45, decresse. Justo die means the day on which he ought to pronounce sentence, the regular day.

40. Vindicarique puellam, etc. Vindicari, i e., in libertatem, to be claimed as a free person. Appius says that he will request

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62 Claudius to waive his own right, to accept of sureties for the girl's ap pearance, and to allow for the present her claim to freedom. Render, "and allow her to be bailed until the morrow."

63 5. In eo verti-si, etc. Literally, that the safety of the maiden turned upon that circumstance, namely, if he should be ready, &c., i. e. "that the safety of the maiden depended upon his being present in time on the next day, to defend her from injury." Injuriæ objective gen. contra injuriam.

8. Ut vindicaret sponsoresque daret, (sc. Icilius.) Claudius now urges Icilius to proceed in accordance with the above words of Appius, vindicarique puellam, etc., i. e. to claim the maiden's liberty, and give securities for her appearance on the morrow.

10. Dum præciperent, etc. Dum has here nearly the same force as ut. "That the messengers might gain time," &c.-Hand, Turs. 2. p. 319.

16. Postquam-adibat. For the imperf. see note on p. stabant, B. 1, c. 23.

CH. XLVII.-24. Virginius sordidatus filiam secum-deducit. Secum is the reading of the best MSS., and must be referred, not so much to deducit as to sordidatus and obsoleta veste. "Virginius in mourning attire brought down his daughter to the forum, dressed as he was in mourning."-Alschefski. "In the same manner

as in times of distress and mourning, whether for public or domestic calamities, the sufferers testified their affliction by sedulous neglect of their personal appearance; so they, over whom the danger of a heavy accusation was impending, appeared in sorry apparel, with disordered hair, and divested of all insignia and ornaments, sordidati.”—Becker's Gallus, p. 115, Note.

27. Non orare solum-petere, "not only begged their aid as a favor, but also demanded it as a due."

Concionabundus governs

32. Hæc prope concionabundus. hæc. See A. and S. § 233, Note.-"Uttering these things almost in the same manner as if he were addressing an assembly."

40. Quem decreto-tradiderint, etc. Forsan (fors-an) means it may be that, perhaps. The sentence expresses the conjecture on the part of Livy, that the real sermo, verum sermonem, was recorded by some ancient author. Literally, thus: It may be, that ancient authors recorded some real discourse, which Appius prefixed to his decree. Render: "It may be that some ancient author recorded the pretext actually assigned by Appius for this decree." The sense of the whole passage is thus given by Hand, (Tursell. 2, p. 718:) facile credo auctores antiquos etiam verum sermonem tradidisse, sed in iis, qui nunc exstant, auctoribus, non invenio sermonem, qui cum tanta fœditate decreti conveniat. Ullum-verisimilem, "any probable one for such a profligate decree." We cannot but admire the good sense of

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Livy, in contenting himself with simply recording the sentence Com-63 pare Niebuhr, 2, p. 351.

CH. XLVIII.-12. Alienatus ad libidinem animo. Ad here 64 means, in consequence of, from, by. "Maddened by lust."

20. Quiesse, perfect instead of the present. Z. § 590; also Madvig, § 407.

31. Hoc-modo, "in this way, the only one in my power."

33. Te-consecro, "on thee and on thy head, Appius, be the curse of this blood."-Arnold.

36. Ille ferro-perrexit.

"He forced his way with the knife, wherever he went, until, protected also by a multitude who followed him, he reached the gate."

And as Virginius through the press his way in silence cleft,
Ever the mighty multitude fell back to right and left.
And he hath passed in safety unto his woful home,

And there ta'en horse to tell the camp what deeds are done in Rome. [MACAULAY

44. Tota-potestatis-erat, "had exclusive reference to the withdrawal of the power of the tribunes and the right of appeal to the people." For the construction of the genitives with erat, see note on ditionis, B. 1, c. 25.

CH. XLIX.-10. Vindicare se a privato. Privato refers to 65 Appius. Horatius and Valerius contended, that, as the year of the decemvirate had expired, and there had been no new appointment, Appius and his associates were simply private citizens, and no more authorized than themselves, to exercise the privileges of the magistracy In preceding chapters, the 39, 40, 41, Livy has done full justice to the spirit and resolution with which they maintained this view in the senate, and in the presence of the decemvirs.

15. Pro imperio, etc. Hand (Turs. 3, 587) makes pro imperio equivalent to secundum imperium, or nomine imperii, in an authoritative manner, with an air of authority. For a privato see note above. Valerius claims as much authority as Appius, and orders the lictors to leave Appius, as he was nothing but a private citizen.

20. Agitatus deinde consiliis-atque, etc. The reading and punctuation of Alschefski, the former in accordance with all the MSS. Alschefski considers the clause atque-trepidaverat explanatory of agitatus—consiliis, atque meaning and indeed, in truth.

CH L.-28. In Monte Vecilio. See second note on this book, c. 44. The Vecilius was probably near Tusculum. Niebuhr thinks it is the modern Monte Cavo.

31. Nam præterquam-convertit. The clause strictum-contertit, connected by etiam is additional to præterquam quod-conspectus est. In addition to the fact that he attracted attention, i. e. "be

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65 sides attracting attention by coming with a band, &c. his drawn sword also," &c.

66 3. Nec se-futurum fuisse, "nor would he have survived his daughter." In direct speech it would be nec fuissem. See note on futurum fuisse, B. 1, c. 46.

16. Et immixti-insecutisque, etc. Cum-simul = cum tum, et-et, partly-partly. I give insecutisque, the conjecture of Alschefski, as on the whole the test reading. He considers insecutisque-dicerent explanatory of the preceding clause, and persons having arrived who said, &c., their later intelligence thus confirming the previous announcement, that the decemviral power was already in a desperate condition. But this conjecture does not relieve the passage of its difficulty. It remains so involved, and singular in construction, that we must be content with considering the text corrupt. 57 CH. LI.-8. In Sabinis. See note on honestum ordinem, etc., B. 2, c. 44.

10. Siccii cædes. The fate of Siccius is recorded by Livy in a previous chapter. He was a veteran soldier in the army sent against the Sabines, and tradition ascribed to him prodigious exploits and honors. As he was understood to be disaffected and inclined to promote a secession, the generals determined on his death. According to Livy's account, he was sent out, "with a band of assassins, to view the country, and choose a place for a camp. In a lone spot his companions fell on him, when he suspected no danger: he died, but not unavenged, amid a heap of traitors whom he slew." -Niebuhr, 2, p. 347.

13. Ne-prærogativam-sequerentur. I give prærogativam, the common reading, and certainly the usual expression, in preference to prærogativa, the reading of Alschefski. Prærogativa, sc. centuria, means primarily the century that voted first-so too with tribus in the same sense. At the comitia, it was decided by lot which century should vote first; and as the Romans regarded the result of the lot as an intimation of the divine will, the following centuries ordinarily voted in the same way as the centuria prærogativa. To this fact Cicero alludes in the Orat. pro Muræna, c. 18, tanta illis comitiis religio est, ut adhuc semper omen valuerit prærogativum. Hence, by a natural transition, the expression prærogativa came to mean vote, choice, whence too our word prerogative.

28. Quo anno-abissent. Quo refers to magistratus, and depends upon abissent. Abire magistratu, go out of office, substantially the same as the preceding expression deponere insignia magistratus In this connection it may be rendered, "which had expired the year before."

Alschefski adopts this

CH. LII.-37. Sciturosque, quam, etc. reading, the conjecture of Rhenanus; "and that they would know

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now impossible it would be for affairs to be restored to harmony without 67 the restoration of the tribunician power."

40. Patrum suorum, etc. In reference to the first secession. See note on secessione, B. 2, c. 34

12. Ubi-moveatur. Parum, too little, scarcely any thing, 68 nothing. "When (i. e. so soon as) nothing is gained by the secession.” -Alschefski.

14. Nos-plebeiis, "we would sooner be without patrician magistrates, than they without plebeian."

17. Ne-ferant desiderium. Ne = nedum, "not to mention that," much less. See Z. § 573; Hand, Turs. 4, p. 54.

18. Cum præsertim―egeant, "especially as we do not restrain the exercise of our authority, to prevent their needing protection." CH. LIII.-24. Conditionibus quibus videretur, on such conditions as should seem proper to them." Compare note on legesquæ, B. 2, c. 8.

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29. Ob hæc-actæ, "For these things, thanks were rendered them on their coming."

39. Vivosque igni, etc. On this demand Dr. Arnold remarks: "The friends of the commons had met this fate within the memory of men still living, and certainly not for greater crimes."-Vol. 1, p. 195. This remark doubtless refers to his account in vol. 1, p. 154, of a story concerning the burning of nine men as traitors. The subject is there discussed in full, and the fact itself thus recorded: "We only know that at some time or other during the latter half of the third century of Rome, nine eminent men who advocated the cause of the commons were burned alive in the Circus." Compare Niebuhr, vol. 2, pp. 126, 7. 40. Quæ-postulastis, "such of your demands as have come from deliberation, are so just."

44. Quippe qui-ruitis. The indicative, contrary to the usual practice. Z. § 565.

CH. LIV.—19. Nihil ne ego quidem, etc. Two negatives, which, 69 however, do not destroy each other. So also, non—ne—quidem. See Z. § 754, note.

21. Q. Furius-crearet. On the meaning of crearet, see below B. 21, c. 15, Creatus ab T. Sempronio.

29. Pro concione, "before the assembly." The expression is equivalent to palam or publice. Hand, Turs. 4, p. 578.

33. Multitudini.—Depends, not upon violatus, but upon necessario.

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2. Qui―insignem―gesserat," who had administered the tribune-70 ship with distinguished honor before the appointment of the decemvirs." 6. Plebem rogavit, = Ad plebem rogationem tulit. See note on similar expressions, B. 1, c. 46. For the force of the word rogatio, see Dict. Antiqq. p. 580.

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