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Page 70 9. In pratis Flaminiis. These meadows were outside the
Porta Carmentalis, at the foot of the Capitoline hill. See Plan of Rome. The election of tribunes took place on the Aventine. The words ea omnia refer only to the business transacted by the tribunes after their election. Comp. Niebuhr, vol. 2, p. 360, Note 790 ; Arnold, vol. 1, p. 195.
Ch. LV.-19. Ut quod—teneret, “that what the commons had ordered in the assembly of the tribes should be binding upon the people.” We are forced to believe with Niebuhr and Arnold, that there was a restriction on the power of the plebs, which Livy does not here mention, namely, that the plebiscitum was subject to the sanction of the senate and of the curiæ. This Valerian law formally acknowledged the national character of the Comitia Tributa; its decrees, where not directly interfered with by another power equally sovereign, were to embrace not the commons only, but the whole nation. See Niebuhr, vol. 2, pp. 364, 5; Arnold, vol. 1, p. 198.
32. Ut qui-venum iret, “ that whoever narmed the tribunes of the commons, the ædiles, the judges, the decemvirs, should be accursed; and his property be confiscated to the temple of Ceres, Liber, and Libara.” (See Anthon's Class. Dict. Liber.) By the Judices Dr. Arnold understands the two supremo magistrates, called now for the first time consuls, their title up to this period having been prætors. The decemviri here mentioned, are, according to his opinion, the "ten tribunes of the soldiers, chosen five from the patricians, and five from the commons, to command the armies in war, and to watch over the rights of the patricians; while the ten tribunes of the commons, also chosen from both orders, were to watch over the liberties of the commons.”-Hist. 1, p. 199.
35. Hac juris lege interpretes, etc. Negant quemquam = affirmant haud quemquam; the following infinitives, sanciri, prehendi, duci, esse, etc., depending upon affirmant alone. The opinion here ascribed to tie lawyers was founded in the primary and strict meaning of sacrosanctus. Composed of sacer and sanctus from sancio, i. e. sacer-sanctus, the word means properly, appointed, consecrated by religious ceremonies.—(Freund.) The lawyers held that this law did not make any magistrate sacrosanctus; that accordingly an ædilo, though protected by this law, might still be arrested and thrown into prison by the majores magistratus. On the other hand, the tribunes of the people, when that office was first established, were made sacrosancti by religious ceremonies, vetere jurejurando plebis, quibusdam cæremoniis. For majores magistratus, see Dict. Antiqq., Magis
tratus. 71 1. Judicem enim consulem appellari, etc. The opinion re
ferred to in this passage, is quite the same as that mentioned above, in explanation of the word judices, namely, that the consul was called Pays udex, and that this Horatian law therefore extonded to the patrician 71 nagistrates, the consuls and the prætors. In reply to the objection urged here by Livy, " that, in these times, it was not yet customary to call the consul judex, but prætor,” Dr. Arnold thus remarks: "According to Zonaras, who derived his materials from Dion Cassius, the consuls ceased to be called prætors at this very time, and were now first called consuls.”—Arnold, vol. 1, p. 200, note 9.
10. “ Tergo ac capite puniretur,” “ should be scourged and beheaded.” Both Niebuhr and Arnold favor the statement of Diodorus, that the punishment denounced by this law was death at the stake.
CH. LVI.-26. Nisi judicem dices,etc. This is the reading of the MSS., and must be retained, notwithstanding the ob'ection of Niebuhr, who proposed doces. Freund gives judicem dicere, to name a judge, as the legal expression used in reference to a defendant, in joining issue on an action brought against him. The corresponding expression used of the plaintiff is judicem ferre, which occurs below, in c. 56. Dr. Arnold says, that nisi judicem dices signifies, “ Unless thou wilt give me notice to come before a judge with thee, to have this issue tried.” He adds, that “in regard to tho transaction itself, the judge would have had to try simply the question of fact whether Appius had given vindiciæ or possession in favor of slavery or not.” The whole sentence may be thus rendered: “Only in regard to one charge, unless you prove before a judge, that you did not, contrary to the laws, give a sentenco condemning a free person to slavery, I order you to be thrown into prison.” Comp. Arnold, vol. 1, p. 201; Niebuhr, vol. 2,
pp. 370- 75.
30. Tribunos appellavit, i. e. to save him from being thrown into prison.
30. Nullo morante, “ no one interposing."
11. At se. Alschefski adopts at, the conjecture of Gronovius, 72 instead of tho reading of the MSS., ait. “ That he at least," &c. See noto on at, B. 1, c. 41.
CH. LVII.-20. Legum-esse, “had no claim to the laws, nor to civil nor human society.”
35. Ni vindicias, etc. Ni = si non. “ To decide, whether he did not give sentence,” &c. Ni is frequently used in this sense in judicial forms. A parallel passage, Liv. 3, 24, ni ita esset, multi–ferebant judicem, in which passage, however, Alschefski reads nisi. Hand, Turs. 4, pp. 196, 197.
37. Ut haud quoquam—sic, etc. “ He was thrown into prison ; a proceeding, which though it excited no disapprobation, yet—," 2. Iisdem auctoribus, “ by the same authority.”
73 9. Urbem egrederentur. For acc. see note on urbem excodotent, B. 2, c. 37
Ch. LVIII.-14. Regillum, antiquam in patriam. The em. igration of the Claudian gens from Regillus to Rome, is mentioned by Livy in B. 2, c. 16.
18. Eam inustam maculam, "such a stigma to be fastened.”
20. Visum, honoratissimæ imaginis, etc., i. 4. virum, cujus imago futura esset posteris in maximo honore; in allusion to the Roman custom of perpetuating the memory of illustrious ancestors, by placing .heir imagines in the atrium of the house Only those had this priviLoge, who had borne a curule office. These imagines were ordinarily made of wax," and were kept in littlo presses, į laced up against the wall, and under them stood the name of the deceased, his honors, and merits, tituli.”—Becker's Gallus, p. 20, note 7.
30. Pietate," affectiou for his family.” Pietas is the feeling of dutiful affection, springing from some natural relation : towards tho Deity, piety; one's parents, filial affection; one's country, love of country, patriotism; one's relatives, family, natural affection, love of family.
36. Appius mortem sibi conscivit. Dr. Arnold rcfers to the account of Dionysius, that Appius was put to death in prison, by the order of the tribunes; and adds, “ It is not improbable that the tribunes dealt with Appius, as Cicero treated the accomplices of Catiline in the very same prison. Cicero's conduct on that occasion was sanctioned by Cato, and by the majority of the senate; and certainly the crimes of Appius were neither less flagrant, nor less notorious than those of
Cethegus or Lentulus.”—Hist. of Rome, vol. 1, p. 202. 74 3. Exsilii, etc., “ went into exile.” Vertere here = mutare.
7. Manesque Virginiæ—quieverunt, “and the shades of Vir. ginia, more fortunate after her death than in her life, having wandered through so many families in search of vengeance, at length, when no guilty one was left unpunished, rested in peace.”
Thus Livy closes this sad tale, with a poetic expression of an idea, borrowed from the ancient mythology, and frequently montioned and illustrated in the classic writers. The troubled spirit of the injured Virginia found no rest from her wanderings, till a deserved punishment had fallen upon all who had wronged her. So Plato taught that the spirits of the murdered followed with their vengeance their murderers, and ceased not to disturb and terrify them. The Greek Drama, in the case of Clytemnestra, and in many other subjects of tragedy, is full of illustrations of the same idea.
Cr. LIX.-17. Nihil-spondet, “is a sufficient security, that nothing will be done to require the aid of the tribunes.”
21. Quod—fuissent, “ because they had been so entirely devoted to the interests of the commons.” For the genitive plebis, see note on ditionis, B. 1, c. 25. Cepisset, in the same construction with fuissent. Pago The connection between the clauses is as follows: quod-fuissent, et-74 cepisset, antequam appareret, etc.
26. Qui-auctores fuissent, “who said that the senate had proceeded with too much indulgence in giving their sanction to tho laws proposed by them,” (i. e. the consuls.)
27. Neque erat dubium, etc. This clause, like the proceding 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 impried, that so soon as the times should change, the senate would regain what it had lost, and reassort the rights of the patricians.
The chapters selected from this book refer to two important plebeiat laws: first, the law of Canuleius, to repeal the law of the twelve tables, which forbade connubia between the patricians and the plebeians; second, the law proposed by the other nine tribunes, “that sho 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 tribunos, with consular power, who might be either plebeians or patricians. Compare Arn. Hist Rome, vol. 1, ch. xvi.; Schmitz's Hist. Rome, (Andover ed.,)
75 Ch. I.—3. Connubio. Connubium is a term comprehending all
the conditions of a legal Roman marriage. See Dict. Antiqq. (Mar riage.) 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 notes, B 1, c. 46; B. 3, c. 54, and Dict. Antiqq. p. 580.
6. Jura gentium, i. o. of the Roman Gentes, or Houses; for an account of which see Dict. Antiqq. p. 470. 76 9. In majus—acceptis, “ being exaggerated;" i. o. ita acceptis,
ut majora viderentur, quam essent. So, in majus ferre, B. 21, c. 32, incerta in majus-ferri solent.
18. Ad concionem advocavit; sc. plebem.
CH. II.—29. Ut-quemadmodum, etc. This is the reading of all the MSS. With the latter part of the sentence must be supplied from what goes before, gloriari possent. So also 34, 31, Ibi permisso, ut, seu dicere prius teu audire mallet, ita cæpit tyrannus, i. e. ut, seu, etc., aut diceret prius aut audiret.- Büttner.
34. Perturbationem-afferre. The patricians claimed the solo and exclusive right of taking the auspices ; see below, in c. 6, p. 80, quod nemo plebcius auspicia haberet.