Titus Livius (Livy), Ab urbe condita, Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Evan T. Sage, Ph.D. (Editor), Alfred C. Schlesinger, Ph.D. (Editor), 29.37

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[1]

While the consuls were thus employed in opposite regions, the censors Marcus Livius and Gaius Claudius at Rome meanwhile publicly read the list of senators. Quintus Fabius Maximus was chosen princes for the second time. ¹ Seven men received their

mark,

² but no one who had occupied a curule chair.

[2] Repairs to public buildings and their roofs they enforced strictly and with the greatest fidelity. They let the contract for the making of a street leading out of the Cattle Market, on both sides of the spectators' stands, as far as the Temple of Venus, ³ also for the erection of a Temple of the Great Mother ⁴ on the Palatine.

[3] They also established a new revenue from the yearly production of salt. Both at Rome and throughout Italy salt was then sold at one-sixth of an as. The censors let contracts for the sale of salt at the same price at ⁵ Rome, at a higher price even in market-towns and local centres, ⁶ and at prices which varied from place to place.

[4] This source of revenue was generally believed to have been devised by only one of the censors, who was angry with the people because he had formerly been condemned by an unjust verdict;

[5] and that in the price of salt those tribes by whose efforts he had been condemned were most heavily burdened. ⁷ Hence the cognomen Salinator was bestowed upon Livius.

[6] The ceremony of purification was completed later than usual because the censors had sent men to the various provinces to report the number of Roman citizens in each of the armies.

[7] Including these, 214,000 men ⁸ were listed. Gaius Claudius Nero concluded the rite of purification. Then they received the census lists of the twelve colonies ⁹ presented by their own censors, as had never been done before.

[8] The purpose was that documents, to show what was their strength in the number of soldiers and what in money, might be found in the public records. Then they began to take the census of the knights; and it happened that both of the censors had horses from the state.

[9] When they had reached the Pollia tribe, in which stood the name of Marcus Livius, and while the herald was hesitating ¹⁰ to summon the censor himself, Nero said,

Summon Marcus Livius!

And whether as still nursing their ancient quarrel, or priding himself on an ill-timed display of strictness because he had been condemned by a verdict of the people, he ordered Marcus Livius to sell his horse. ¹¹

[10] Likewise Marcus Livius, when they had reached the Arniensis tribe and the name of his colleague, ordered Gaius Claudius to sell his horse for two reasons: one because he had given false testimony ¹² against Livius, the other that he had not honestly been reconciled with him.

[11] Equally shameful at the close of their censorship was their contest in besmirching each the other's reputation to the detriment of his own.

[12] When Gaius Claudius had taken the oath that he had complied with the laws, upon going up into the Treasury and giving the names of those whom he was leaving as mere tax-payers, ¹³ he gave the name of his colleague.

[13] Then Marcus Livius came into the Treasury, and except for the Maecia tribe, which had neither condemned him nor after his condemnation voted for him either for consul or for censor, he left the entire Roman people, thirty-four tribes, as mere tax-payers, alleging that they had

[14] both condemned him, an innocent man, and after his condemnation had made him consul and censor, and could not deny that they had erred either once in their verdict or twice in the elections.

[15] He said that among the thirty-four tribes Gaius Claudius also would be a mere tax-payer; and that if he had a precedent for twice leaving the same man a mere tax-payer, ¹⁴ he would have left Gaius Claudius among them with express mention of his name.

[16] A perverted contest between the censors in regard to their

marks

; but to the fickleness of the people it was a rebuke worthy of a censor and in keeping with the earnestness of those times.

[17] Since the censors were unpopular, Gnaeus Baebius, a tribune of the plebs, ¹⁵ thinking it an opportunity to advance himself at their expense, named a day for both to appear before the people. That procedure was quashed by unanimity among the senators, lest the censorship should be subject thereafter to the caprice of the populace.

Ab urbe condita. Titus Livius (Livy). Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Evan T. Sage, Ph.D. (Editor), Alfred C. Schlesinger, Ph.D. (Editor). Medford, MA. .

Sponsored by Perseus Project, Tufts University.

Funding provided by The National Endowment for the Humanities.

Current edition Perseus

History of Rome (English) (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))

Editions (3)

Ab urbe condita Perseus (Pars I-IV, Libri I-XL. Editio Stereotypica. Weissenborn, Wilhelm; Mueller, Moritz, editors. Leipzig: Teubner, 1884-1911.) — 29.37 focus

[1] dam haec consules diversis regionibus agunt, censores interim Romae M. Livius et C. Claudius senatum recitaverunt. princeps iterum lectus Q. Fabius Maximus; notati septem, nemo tamen, qui sella curuli sedisset.

[2] sarta tecta acriter et cum summa fide exegerunt; viam e foro Bovario et ad Veneris circa foros publicos et aedem Matris Magnae in Palatio faciendam locaverunt. vectigal etiam novum ex salaria annona statuerunt.

[3] sextante sal et Romae et per totam Italiam erat Romae pretio eodem, pluris in foris et conciliabulis, et alio alibi pretio praebendum locaverunt.

[4] id vectigal commentum alterum ex censoribus satis credebant, populo iratum, quod iniquo iudicio quondam damnatus esset; et in pretio salis maxime oneratas tribus, quarum opera damnatus erat, credebant.

[5] inde Salinatori Livio inditum cognomen. lustrum conditum serius, quia per provincias dimiserunt censores, ut civium Romanorum in exercitibus, quantus ubique esset, referretur numerus.

[6] censa cum iis ducenta decem quattuor milia hominum. condidit lustrum C. Claudius Nero.

[7] duodecim deinde coloniarum, quod numquam antea factum erat, deferentibus ipsarum coloniarum censoribus, censum acceperunt, ut, quantum numero militum, quantum pecunia valerent, in publicis tabulis monumenta extarent.

[8] equiturn equitum deinde census agi coeptus est; et ambo forte censores equum publicum habebant. cum ad tribum Polliam ventum est, in qua M. Livi nomen erat, et praeco cunctaretur citare ipsum censorem,

[9] “cita” inquit Nero “M. Livium;” et sive ex residua vetere simultate sive intempestiva iactatione severitatis inflatus M. Livium, quia populi iudicio esset damnatus, equum vendere iussit.

[10] item M. Livius, cum ad tribum Arniensem et nomen conlegae ventum est, vendere equum C. Claudium iussit duarum rerum causa, unius, quod falsum adversus se testimonium dixisset, alterius, quod non sincera fide secum in gratiam redisset.

[11] aeque foedum certamen inquinandi famam alterius cum suae famae damno factum est exitu censurae. cum in leges iurasset C. Claudius

[12] et in aerarium escendisset, inter nomina eorum, quos aerarios relinquebat, dedit conlegae nomen.

[13] deinde M. Livius in aerarium venit et praeter Maeciam tribum, quae se neque condemnasset neque condemnatum aut consulem aut censorem fecisset, populum Romanum omnem, quattuor et triginta tribus,

[14] aerarios reliquit, quod et innocentem se condemnassent et condemnatum consulem et censorem fecissent, neque infitiari possent aut iudicio semel aut comitiis bis ab se peccatum esse: inter quattuor et triginta tribus et C. Claudium aerarium fore;

[15] quod si exemplum haberet bis eundem aerarium relinquendi, C. Claudium nominatim se inter aerarios fuisse relicturum.

[16] pravum certamen notarum inter censores; castigatio inconstantiae populi censoria et gravitate temporum illorum digna.

[17] in invidia censores cum essent, crescendi ex iis ratus esse occasionem Cn. Baebius tribunus plebis diem ad populum utrisque dixit. ea res consensu patrum discussa est, ne postea obnoxia populari aurae censura esset.

Ab urbe condita Perseus (Conway, Robert Seymour; Walters, Charles Flamstead; Johnson, Stephen Keymer, editors. Oxford: Oxford University Press, 1914-1935. (Oxford Classical Texts)) — 29.37 focus

[1]

dum haec consules diuersis regionibus agunt, censores interim Romae M. Liuius et C. Claudius senatum recitauerunt. princeps iterum lectus Q. Fabius Maximus ; notati septem, nemo tamen qui sella curuli sedisset.

[2] sarta tecta acriter et cum summa fide exegerunt. uiam e foro bouario [et] ad Ueneris circa foros publicos et aedem Matris Magnae in Palatio faciendam locauerunt.

[3] uectigal etiam nouum ex salaria annona statuerunt. sextante sal et Romae et per totam Italiam erat; Romae pretio eodem, pluris in foris et conciliabulis et alio alibi pretio praebendum locauerunt. id uectigal commentum alterum ex censoribus satis credebant populo iratum quod iniquo iudicio quondam damnatus esset, et in pretio salis maxime oneratas tribus quarum opera damnatus erat [credebant];

[4] inde Salinatori Liuio inditum cognomen.

[5] lustrum conditum serius quia per prouincias dimiserunt censores ut ciuium Romanorum in exercitibus quantus ubique esset referretur numerus.

[6] censa cum iis ducenta quattuordecim milia hominum. condidit lustrum C. Claudius Nero .

[7] duodecim deinde coloniarum, quod nunquam antea factum erat, deferentibus ipsarum coloniarum censoribus censum acceperunt ut quantum numero militum, quantum pecunia ualerent in publicis tabulis monumenta exstarent.

[8] equitum deinde census agi coeptus est; et ambo forte censores equum publicum habebant. cum ad tribum Polliam uentum esset in qua M. Liui nomen erat, et praeco cunctaretur citare ipsum censorem,

[9] 'cita' inquit Nero ' M. Liuium '; et siue ex residua uetere simultate siue intempestiua iactatione seueritatis inflatus M. Liuium quia populi iudicio esset damnatus equum uendere iussit.

[10] item M. Liuius cum ad tribum Arniensem et nomen collegae uentum est, uendere equum C. Claudium iussit duarum rerum causa, unius quod falsum aduersus se testimonium dixisset, alterius quod non sincera fide secum in gratiam redisset.

[11] aeque foedum certamen inquinandi famam alterius cum suae famae damno factum est exitu censurae.

[12] cum in leges iurasset C. Claudius et in aerarium escendisset, inter nomina eorum quos aerarios relinquebat dedit collegae nomen.

[13] deinde M. Liuius in aerarium uenit; praeter Maeciam tribum, quae se neque condemnasset neque condemnatum aut consulem aut censorem fecisset, populum Romanum omnem, quattuor et triginta tribus, aerarios reliquit,

[14] quod et innocentem se condemnassent et condemnatum consulem et censorem fecissent neque infitiari possent aut iudicio semel aut comitiis bis ab se peccatum esse:

[15] inter quattuor et triginta tribus et C. Claudium aerarium fore; quod si exemplum haberet bis eundem aerarium relinquendi, C. Claudium nominatim se inter aerarios fuisse relicturum. prauum certamen notarum inter censores;

[16] castigatio inconstantiae populi censoria et grauitate temporum illorum digna.

[17] in inuidia censores cum essent, crescendi ex iis ratus esse occasionem Cn. Baebius tribunus plebis diem ad populum utrique dixit. ea res consensu patrum discussa est ne postea obnoxia populari aurae censura esset.

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).) — 29.37 focus

[1]

dum haec consules diversis regionibus agunt, censores interim Romae M. Livius et C. Claudius senatum recitaverunt. princeps iterum lectus ¹ Q. Fabius Maximus; notati septem, nemo tamen qui sella curuli sedisset.

[2] sarta tecta acriter et cum summa fide exegerunt. viam e foro bovario ² ad Veneris circa foros publicos et aedem Matris Magnae in Palatio faciendam locaverunt.

[3] vectigal etiam novum ex salaria annona statuerunt. sextante sal et Romae et per totam Italiam erat. Romae pretio eodem, pluris in foris et conciliabulis et alio alibi ³ pretio praebendum locaverunt.

[4] id vectigal commentum alterum ex censoribus satis credebant, populo iratum, quod iniquo iudicio quondam damnatus esset, et ⁴ in pretio salis maxime oneratas tribus quarum opera damnatus erat. ⁵ inde Salinatori ⁶ Livio inditum cognomen.

[5] lustrum conditum serius quia per provincias dimiserunt censores, ut civium Romanorum in exercitibus quantus ubique esset referretur numerus.

[6] censa cum iis ducenta quattuordecim ⁷ milia hominum.

[7] condidit lustrum C. Claudius Nero. duodecim deinde coloniarum, quod numquam antea ⁸ factum erat, deferentibus ipsarum coloniarum censoribus, censum acceperunt, ut quantum numero militum, quantum pecunia valerent in publicis tabulis monumenta exstarent.

[8] equitum deinde census agi coeptus est; et ambo forte censores equum publicum habebant. cum ad tribum Polliam ventum est, ⁹ in qua M. Livi nomen erat, et praeco cunctaretur citare ipsum ¹⁰ censorem,

cita

inquit Nero

M. Livium

;

[9] et sive ex residua vetere simultate sive intempestiva iactatione severitatis inflatus M. Livium, quia populi iudicio esset damnatus, equum vendere iussit.

[10] item M. Livius, cum ad tribum Arniensem et nomen conlegae venture est, vendere equum C. Claudium iussit duarum rerum causa, unius quod falsum adversus se testimonium dixisset, alterius quod non sincera fide secum in gratiam redisset.

[11] aeque¹¹ foedum certamen inquinandi famam alterius cum suae famae damno factum est exitu censurae.

[12] cum in leges iurasset C. Claudius et in aerarium escendisset, inter nomina eorum quos aerarios relinquebat dedit conlegae nomen.

[13] deinde M. Livius in aerarium venit et ¹² praeter Maeciam tribum, quae se neque condemnasset neque condemnatum aut consulem aut censorem fecisset, populum Romanum omnem, quattuor et triginta tribus, aerarios reliquit,

[14] quod et innocentem se condemnassent et condemnatum consulem et censorem fecissent, neque infitiari possent aut iudicio semel aut comitiis bis ab se peccatum esse:

[15] inter ¹³ quattuor et triginta tribus et C. Claudium aerarium fore; quod si exemplum haberet bis eundem aerarium relinquendi, C. ¹⁴ Claudium nominatim se inter aerarios fuisse relicturum.

[16] pravum certamen notarum inter censores; castigatio inconstantiae populi censoria et ¹⁵ gravitate temporum illorum digna.

[17] In invidia censores cum essent, crescendi ex iis ratus esse occasionem Cn. Baebius tribunus plebis diem ad populum utrisque ¹⁶ dixit. ea res consensu patrum discussa est, ne postea obnoxia populari aurae censura esset.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 29.37 focus

[1]

While the consuls were thus engaged in different quarters, in the mean time, at Rome, the censors, Marcus Livius and Caius Claudius, called over the senate roll. Quintus Fabius was again chosen chief of the senate; seven were stigmatized, of whom there was not one who had sat in the curule chair.

[2] They inquired into the business relating to the repair of public edifices with diligence and the most scrupulous exactness. They set by contract the making of a road out of the ox market to the temple of Venus, with public seats on each side of it, and a temple to be built in the palatium for the great mother.

[3] They established also a new tax out of the price of salt. Salt, both at Rome, and throughout all Italy, was sold at the sixth part of an as. They contracted for the supply of it at Rome at the same price, at a higher price in the country towns and markets, and at different prices in different places.

[4] They felt well convinced that this tax was invented by one of the censors, out of resentment to the people, because he had formerly been condemned by an unjust sentence, and that in fixing the price of salt, those tribes had been most burdened by whose means he had been condemned.

[5] Hence Livius derived the surname of Salinator. The closing of the lustrum was later than usual, because the censors sent persons through the provinces, that

[6] a report might be made of the number of Roman citizens in each of the armies.

[7] Including these, the number of persons returned in the census was two hundred and fourteen thousand. Caius Claudius Nero closed the lustrum. They then received a census of the twelve colonies, which had never been done before, the censors of the colonies themselves presenting it, in order that there might appear registers among the public records, stating the extent of their resources, both in respect of furnishing soldiers and money.

[8] The review of the knights then began to be made, and it happened that both the censors had a horse at the public expense.

[9] When they came to the Pollian tribe, in which was the name of Marcus Livius, and the herald hesitated to cite the censor himself, Nero said,

Cite Marcus Livius;

and whether it was that he was actuated by the remains of an old enmity, or that he felt a ridiculous pride in this ill-timed display of severity, he ordered Marcus Livius to sell his horse, because he had been condemned by the sentence of the people.

[10] In like manner, when they came to the Narnian tribe, and the name of his colleague, Marcus Livius ordered Caius Claudius to sell his horse, for two reasons; one, because he had given false evidence against him; the other, because he had not been sincere in his reconciliation with him.

[11] Thus a disgraceful contest arose, in which each endeavoured to asperse the character of the other, though not without detriment to his own.

[12] On the expiration of the office, when Caius Claudius had taken the oath respecting the observance of the laws, and had gone up into the treasury, he gave the name of his colleague among the names of those whom he left disfranchised.

[13] Afterwards, Marcus Livius came into the treasury, and excepting only the Maecian tribe, which had neither condemned him nor made him consul or censor when condemned, left all the Roman people, four and thirty tribes, disfranchised, because they had both condemned him when innocent, and when condemned had made him consul and censor;

[14] and therefore could not deny that they had been guilty of a crime, either once in his condemnation, or twice at the elections.

[15] He said that the disfranchisement of Caius Claudius would be included in that of the thirty-four tribes, but that if he were in possession of a precedent for leaving the same person disfranchised twice, he would have left his name particularly among the disfranchised.

[16] This contest between censors, endeavouring to brand each other, was highly improper, while the correction applied to the inconstancy of the people was suitable to the office of a censor, and worthy of the strict discipline of the times.

[17] As the censors were labouring under odium, Cneius Babius, tribune of the people, thinking this a favourable opportunity of advancing himself at their expense, summoned them both to trial before the people. This proceeding was quashed by the unanimous voice of the senate, lest in future the office of censor should become subject to the caprice 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.) — 29.37 focus

[1]

While the consuls were thus occupied in their widely separated spheres of action, the censors, M. Livius and C. Claudius, were busy in Rome. They revised the roll of senators, and Q. Fabius Maximus was again chosen as Leader of the House. Seven names were struck off the roll, but none of them had ever filled a curule chair.

[2] The censors insisted upon the exact fulfilment of the contracts which had been made for the repair of public buildings, and they made additional contracts for the construction of a road from the Forum Boarium to the temple of Venus with public seats on each side of it and also for the building of a temple to Mater Magna on the Palatine.

[3] They also imposed a new tax in the shape of a duty on salt. In Rome and throughout Italy it had been sold at a sextans, and the contractors were bound to sell it at the old price in Rome but allowed to charge a higher price in the country towns and markets.

[4] It was commonly believed that one of the censors had devised this tax to spite the people because he had once been unjustly condemned by them, and it was said that the rise in the price of salt pressed most heavily on those tribes who had been instrumental in procuring his condemnation.

[5] It was owing to this that Livius got the name of Salinator.

[6] The lustrum was closed later than usual because the censors had sent commissioners into the provinces to ascertain the number of Roman citizens who were serving in the armies.

[7] Including these, the total number as shown in the census amounted to 214,000. The lustrum was closed by C. Claudius Nero. This year, for the first time, a return was furnished of the population of the twelve colonies, the censors of the colonies themselves furnishing the lists so that the military strength and financial position of each might be permanently recorded in the archives of the State.

[8] Then followed the revision of the equites. It so happened that both the censors had government horses. When they came to the Pollian tribe, which contained the name of M. Livius, the usher hesitated about citing the censor himself.

[9] "Cite M. Livius," exclaimed Nero and then, whether it was that the old enmity still survived or that he was pluming himself upon an ill-timed strictness, he turned to Livius and ordered him to sell his horse as he had been condemned by the verdict of the people.

[10] When they were going through the Arniensian tribe and came to his colleague's name, Livius ordered C. Claudius Nero to sell his horse for two reasons, first because he had borne false witness against him, and secondly because he had not been sincere in his reconciliation with him.

[11] Thus at the close of their censorship a dispute arose equally discreditable to both, each besmirching the other's good name at the cost of his own.

[12] After C. C. Nero had made the usual affidavit that he had acted in accordance with the laws, he went up to the treasury and amongst the names of those whom he left disfranchised he placed that of his colleague. He was followed by M. Livius who took still more dramatic action.

[13] With the exception of the Maecian tribe, who had neither condemned him nor afterwards, in spite of his condemnation, made him either consul or censor, Livius reduced to the status of aerarii the whole of the remaining tribes of the Roman people on the ground that they had condemned an innocent man, and afterwards had made him consul and censor.

[14] He argued that they must admit that either they were acting wrongfully as judges in the first instance, or afterwards as electors.

[15] Amongst the thirty-four tribes, C. C. Nero, he said, would be disfranchised, and if there were any precedent for disfranchising the same man twice he would have inserted his name specially. This rivalry between the censors in affixing a stigma on each other was deplorable, but the sharp lesson administered to the people for their inconstancy was just what a

[16] censor ought to have given and befitted the seriousness of the times.

[17] As the censors had fallen into disfavour one of the tribunes of the plebs, Cnaeus Baebius, thought it a good opportunity for advancing himself at their expense, and appointed a day for their impeachment. The project was defeated by the unanimous vote of the senate, who were determined that the censorship should not for the future be at the mercy of popular caprice.

Notes on the current edition

Ab Urbe Condita With An English Translation, books 1-10, 21-45, with periochae 11-20

1. Cf. XXVII. xi. 12.

2. The nota of the censors was a mark or stigma affixed (in the revised list of citizens) to the names of such men as had been degraded by the censors, who added the reason in each case. Cf. XXIV. xviii. 2 ff., esp. 9.

3. I.e. Venus Obsequens. Built 295 B.C. , near the east end of the Circus Maximus, and on the side toward the Aventine; X. xxxi. 9. The stands for spectators were of wood, as the upper tiers of the Circus always continued to be.

4. For thirteen years longer she was to remain in the Temple of Victory; cf. xiv. 14; XXXVI. xxxvi. 3 f.

5. B.C. 204

6. On these petty localities v. - Vol. VI. p. 356, n. 1. In the Lex Iulia municipalis ( 45 B.C. ) they are repeatedly mentioned as the lowest grades of communities, inferior to municipia, coloniae and praefecturae, which are implied here in alibi, as we cannot believe that any towns however small escaped the higher price. In Rome alone was the previous

ceiling

continued.

7. How to reconcile this statement with the status of Livius' own Maecia (§ 13) as one of the rustic tribes and hence bound to pay the higher price is a futile question, since the whole story bears the stamp of fiction. The state owned all salt works, but they were operated by contractors, who with prices raised could now pay more for their concessions. This amounted to putting a tax on salt except in Rome. Cf. Dio Cassius frag. 57. 70.

8. Compared with 137,108 four years before; Vol. VII. p. 355, n. 3.

9. Cf. xv. 5 ff., esp. 10.

10. B.C. 204

11. The horse had been bought out of an allowance ( aes equestre ) from the state, but was not public property; Mommsen, Staatsrecht III. 256, n. 3.

12. In the trial before the popular assembly, cf. Vol. VII. p. 347 and note 1.

13. Cf. Vol. VI. p. 231. Any action taken by a censor without approval of his colleague was void; Mommsen op. cit. II.3 358; cf. e.g. XLV. xv. 8.

14. B.C. 204

15. Baebius Tamphilus reached the consulship in 182 B.C. ; XXXIX. lvi. 4.

Titus Livius (Livy) Ab urbe condita 29.37

Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Evan T. Sage, Ph.D. (Editor), Alfred C. Schlesinger, Ph.D. (Editor)

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