The History of Rome, Books 37 to the End with the Epitomes and Fragments of the Lost Books. Livy

others to commit, any of those acts to which they were bound by the oath—all such they left in prison. But those who had forcibly committed personal defilements or murders, or were stained with the guilt of false evidence, counterfeit seals, forged wills, or other frauds, all these they punished with death. A greater number were executed than thrown into prison; indeed, the multitude of men and women who suffered in both ways, was very considerable. The consuls delivered the women, who were condemned, to their relations, or to those under whose guardianship they were, that they might inflict the punishment in private; but if there did not appear any proper person of the kind to execute the sentence, the punishment was inflicted in public. A charge was then given to demolish all the places where the Bacchanalians had held their meetings; first, in Rome, and then throughout all Italy; excepting those wherein should be found some ancient altar, or consecrated statue. With regard to the future, the senate passed a decree, “that no Bacchanalian rites should be celebrated in Rome or in Italy:” and ordering that, “in case any person should believe some such kind of worship incumbent on him, and necessary; and that he could not, without offence to religion, and incurring guilt, omit it, he should represent this to the city prætor, and the prætor should lay the business before the senate. If permission were granted by the senate, when not less than one hundred members were present, then he might perform those rites, provided that no more than five persons should be present at the sacrifice, and that they should have no common stock of money, nor any president of the ceremonies, nor priest.”

      19 Another decree connected with this was then made, on a motion of the consul, Quintus Marcius, that “the business respecting the persons who had served the consuls as informers should be proposed to the senate in its original form, when Spurius Postumius should have finished his inquiries, and returned to Rome.” They voted that Minius Cerrinius, the Campanian, should be sent to Ardea, to be kept in custody there; and that a caution should be given to the magistrates of that city, to guard him with more than ordinary care, so as to prevent not only his escaping, but his having an opportunity of committing suicide. Spurius Postumius some time after came to Rome, and on his proposing the question, concerning the reward to be given to Publius Æbutius and Hispala Fecenia, because the Bacchanalian ceremonies were discovered by their exertions, the senate passed a vote, that “the city quæstors should give to each of them, out of the public treasury, one hundred thousand asses;50 and that the consuls should desire the plebeian tribunes to propose to the commons as soon as convenient, that the campaigns of Publius Æbutius should be considered as served, that he should not become a soldier against his wishes, nor should any censor assign him a horse51 at the public charge.” They voted also, that “Hispala Fecenia should enjoy the privileges of alienating her property by gift or deed; of marrying out of her rank, and of choosing a guardian, as if a husband had conferred them by will; that she should be at liberty to wed a man of honourable birth, and that there should be no disgrace or ignominy to him who should marry her; and that the consuls and prætors then in office, and their successors, should take care that no injury should be offered to that woman, and that she might live in safety. That the senate wished, and thought proper, that all these things should be so ordered.”—All these particulars were proposed to the commons, and executed, according to the vote of the senate; and full permission was given to the consuls to determine respecting the impunity and rewards of the other informers.