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), 38.36

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[1] Regarding the armies, this was the decision: the legions from Gaul, which had been under the command of Gaius Laelius, to be transferred to Marcus Tuccius the propraetor for service among

[2] the Brutti, the army which was in Sicily to be brought home, and the fleet which was there to be conducted to Rome by Marcus Sempronius the propraetor.

[3] For the Spains the single legions which were then in those provinces were decreed, and the praetors were allowed to enlist as reinforcements from the allies and to transport with them each three thousand infantry and two hundred cavalry.

[4] Before the new¹ magistrates departed for their provinces a three day period of prayer was proclaimed in the name of the college of decemvirs at all the street-corner shrines because in the day-time, between about the third and fourth hours, darkness had covered everything.² Also a nine-day sacrifice was decreed because (so it was said) there had been a shower of stones on the Aventine.

[5] The Campanians,³ since, according to the decree which had been passed the year before, the censors compelled them to be assessed at Rome —for previously it had been uncertain where they should be assessed —requested that they should be permitted to take Roman citizens as wives, that any who had already married Roman citizens should be allowed to keep them, and that children born before this day should be legitimate, and capable of inheriting from their fathers.⁴

[6] Both requests were granted.

[7] Respecting the residents in the municipalities⁵ of Formiae, Fundi and Arpinum, Gaius Valerius Tappo, tribune of the people, proposed that the right to vote —for previously the citizenship without the right to vote had belonged to them —should be conferred upon them.

[8] When four tribunes of the people vetoed this bill, on the ground that it was not proposed with the sanction⁶ of the senate, and they were informed that it was the prerogative of the assembly, not the senate, to bestow the franchise upon whomsoever it desired, they gave up the effort.

[9] The bill was passed with the provision that the people of Formiae and⁷ Fundi should vote in the tribe called Aemilia and the Arpinates in the Cornelia; and in these tribes they were then for the first time registered under the Valerian plebiscite.⁸ Marcus Claudius Marcellus the censor, having been victorious over Titus Quinctius at the drawing of lots, closed the lustrum.⁹

[10] The number of citizens shown by the census was two hundred and fifty-eight thousand three hundred and eighteen.¹⁰ The lustrum having been closed, the consuls set out for their provinces.

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.) — 38.36 focus

[1] de exercitibus ita placuit: ex Gallia legiones, quae sub C. Laelio fuerant, ad M. Tuccium propraetorem in Bruttios traduci,

[2] et, qui in Sicilia esset, dimitti exercitum, et classem, quae ibi esset,

[3] Romam reduceret M. Sempronius propraetor. Hispaniis singulae legiones, quae tum in iis provinciis erant, decretae, et ut terna milia peditum, ducenos equites ambo praetores in supplementum sociis imperarent secumque transportarent.

[4] priusquam in provincias novi magistratus proficiscerentur, supplicatio triduum pro collegio decemvirorum imperata fuit in omnibus compitis, quod luce inter horam tertiam ferme et quartam tenebrae obortae fuerant. et novemdiale sacrificium indictum est, quod in Aventino lapidibus pluvisset.

[5] Campani, cum eos ex senatus consulto, quod priore anno factum erat, censores Romae censeri coegissent — nam antea incertum fuerat, ubi censerentur — , petierunt, ut sibi cives Romanas ducere uxores liceret,

[6] et, si qui prius duxissent, ut habere eas, et nati ante earn eam diem uti iusti sibi liberi heredesque essent.

[7] utraque res impetrata. de Formianis Fundanisque municipibus et Arpinatibus C. Valerius Tappo tribunus plebis promulgavit, ut iis suffragii latio — nam antea sine suffragio habuerant civitatem — esset.

[8] huic rogationi quattuor tribuni plebis, quia non ex auctoritate senatus ferretur, cum intercederent, edocti, populi esse, non senatus ius suffragium, quibus velit,

[9] impertire, destiterunt incepto rogatio perlata est, ut in Aemilia tribu Formiani et Fundani, in Cornelia Arpinates ferrent; atque in his tribubus tum primuni primum ex Valerio plebiscito censi sunt.

[10] M. Claudius Marcellus censor sorte superato T. Quinctio lustrum condidit. censa sunt civium capita CCLVIII CCCXVIII. lustro perfecto consules in provincias profecti sunt.

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).) — 43.23 focus

[1]

Rex cum non ¹ minore vexatione iumentorum hominumque quam venerat in Macedoniam rediit; Appium tamen ab obsidione Phanotes fama ducentis ad Stratum Persei summovit.

[2] Cleuas cum praesidio impigrorum iuvenum insecutus sub radicibus prope inviis montium ² ad mille hominum ex agmine impedito occidit, ad ducentos cepit.

[3] Appius superatis angustiis in campo quem Meleona vocant stativa dierum paucorum habuit. interim Cleuas assumpto Philostrato, qui quingentos ex ³ Epirotarum gente habebat, in agrum Antigonensem transcendit. ⁴ Macedones ad depopulationem profecti;

[4] Philostratus⁵ cum cohorte sua in insidiis loco ⁶ obscuro consedit. in palatos populatores cum erupissent ab Antigonea armati, ⁷ fugientes eos persequentes effusius in vallem insessam ab hostibus praecipitant.

[5] ibi ad mille ⁸ occisis, centum ferme captis, et ubique prospere gesta re prope stativa Appi castra movent, ne qua vis sociis suis ab Romano exercitu inferri possit.

[6] Appius nequiquam in his locis terens tempus, dimissis Chaonum Thesprotorumque ⁹ et si qui alii Epirotae erant praesidiis, cum Italicis militibus in Illyricum regressus, per Parthinorum ¹⁰ socias urbes in hiberna militibus divisis, ¹¹ ipse Romam sacrificii causa redit.

[7] Perseus ex Penestarum gente mille pedites, ducentos equites revocatos Cassandream, praesidio ut essent, misit.

[8] Ab Gentio eadem adferentes redierunt. nec deinde alios atque alios mittendo temptare eum destitit, cum appareret, quantum in eo praesidii esset, nec tamen impetrare ab animo posset, ut impensam in rem maximi ad omnia momenti faceret.

Ab urbe condita libri, erklärt von M. Weissenborn Perseus (Weissenborn, W.; Müller, H. J., editors. Berlin: Weidmannsche Buchhandlung, 1873-1883.) — 38.36 focus

[1]

de exercitibus ita placuit: ex Gallia legiones, quae sub C. Laelio fuerant, ad M. Tuccium propraetorem in Bruttios traduci,

[2] et, qui in Sicilia esset, dimitti exercitum, et classem, quae ibi esset, Romam reduceret M. Sempronius propraetor.

[3] Hispaniis singulae legiones, quae tum in iis provinciis erant, decretae, et ut terna milia peditum, ducenos equites ambo praetores in supplementum sociis imperarent secumque transportarent.

[4] priusquam in provincias novi magistratus proficiscerentur, supplicatio triduum pro collegio ¹ decemvirorum imperata fuit in omnibus compitis, quod luce inter horam tertiam ferme et quartam tenebrae obortae fuerant. et novemdiale sacrificium indictum est, quod in Aventino lapidibus pluvisset.

[5] Campani, cum eos ex senatus consulto, quod priore anno factum erat, censores Romae censeri coegissent — nam antea incertum fuerat, ubi censerentur —, petierunt, ut sibi cives Romanas ducere uxores liceret,

[6] et, si qui prius duxissent, ut habere eas, et nati ante eam diem uti iusti sibi liberi heredesque essent.

[7] utraque res impetrata. de Formianis Fundanisque municipibus et Arpinatibus C. Valerius Tappo tribunus plebis promulgavit, ut ² iis suffragii latio — nam antea sine suffragio habuerant civitatem —

[8] esset. huic rogationi quattuor tribuni plebis, quia non ex auctoritate senatus ferretur, cum intercederent, edocti, populi esse, non senatus ius suffragium, quibus velit, impertire, destiterunt incepto.

[9] rogatio perlata est, ut in Aemilia tribu Formiani et Fundani, in Cornelia Arpinates ferrent; atque in his tribubus tum primum ex Valerio plebiscito censi sunt.

[10] M. Claudius Marcellus censor sorte superato T. Quinctio lustrum condidit. censa sunt civium capita CCLVIII CCCXVIII lustro perfecto consules in provincias profecti sunt.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 38.36 focus

[1]

Respecting the armies, they passed the following resolutions —that the legions which had served under Caius Lae- lius, should be removed out of Gaul into Bruttium, to Marcus Tuccius, the proprietor;

[2] that the army which was in Sicily should be disbanded, and that Marcus Sempronius, the propraetor, should bring back to Rome the fleet that was there.

[3] For the Spains were decreed the legions then in those provinces, one for each, with orders, that each of the two praetors should levy from among the allies, as a reinforcement, three thousand foot and two hundred horse, and bring them with them.

[4] Before the new magistrates set out for their provinces, a supplication, of three days' continuance, was ordered by the college of decemvirs to be performed in every street, on account of a darkness having overspread the light of day, between the third and fourth hours; and the nine days' solemnity was proclaimed, because there had been a shower of stones on the Aventine.

[5] The Campanians, as the censors obliged them, pursuant to the decree of the senate, made last year, to pass the general survey at Rome, (for before that, it had not been fixed where they should be surveyed,) petitioned that they might be allowed to take in marriage women who were citizens of Rome, and that any who had, heretofore, married such, might retain them;

[6] and, likewise, that children born of such marriages, before that day, might be legitimate, and entitled to inherit; both which requests were obtained.

[7] Caius Valerius Tappus, a tribune of the commons, proposed an order of the people concerning the citizens of the free towns of Formiae, Fundi, and Arpinum, that they should be invested with the right of voting, for hitherto they had had the rights of citizenship without the privilege of voting.

[8] When four tribunes of the commons were protesting against the bill, because it was not made under the direction of the senate, on being informed, that the power of imparting the privilege of voting to any person they should choose belonged to the people, and not to the senate, they desisted from their opposition.

[9] An order was passed, that the Formians and Fundans should vote in the Aemilian tribe, and the Arpinians in the Cornelian; and in these tribes they were then, for the first time, rated in the census, in pursuance of the order of the people proposed by Valerius. Marcus Claudius Marcellus, the censor, having got the better of Titus Quintius in the lots, closed the lustrum.

[10] Two hundred and fifty-eight thousand three hundred and eight citizens were rated. When the lustrum was finished, the consuls set out for their provinces.

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.) — 38.36 focus

[1]

In the case of the armies abroad it was settled that the legions in Gaul which had been under C. Laelius should be transferred to the propraetor M. Tuccius for service in Bruttium.

[2] The army in Sicily was to be disbanded, and the fleet lying there M. Sempronius the propraetor was to bring back to Rome.

[3] It was decreed that the legion stationed in each of the two Spanish provinces should remain there, and the praetors were each to take with them 3000 infantry and 200 cavalry drawn from the allies as reinforcements.

[4] Before the new magistrates left for their provinces, special intercessions for three days were ordered on the authority of the Keepers of the Sacred Books to be offered at all the cross-roads owing to a darkness which came over in broad daylight between the third and fourth hours. Sacrifices were also enjoined for nine days in consequence of a shower of stones on the Aventine.

[5] The Campanians had been obliged by a decree of the senate passed the year before to have their census taken in Rome as it had previously been uncertain where they ought to be enrolled.

[6] They now requested that they might be allowed to marry women who were Roman citizenesses, and that any who had already done so might hold themselves to be lawfully married, and that children already born might be regarded as legitimate and capable of inheriting property. Both requests were granted.

[7] One of the tribunes of the plebs, C. Valerius Tappo, brought forward a proposal granting the full franchise to the citizens of the municipal boroughs of Formiae, Fundi and Arpinum. They had hitherto enjoyed the citizenship without the power of voting.

[8] This motion was opposed by four of the tribunes on the ground that it had not received the sanction of the senate, but on being informed that it rested with the people and not the senate to confer the franchise on whom they chose, they abandoned their opposition.

[9] The citizens of Formiae and Fundi were authorised to vote in the Aemilian tribe, and those of Arpinum in the Cornelian. In these tribes, therefore, they were for the first time enrolled by virtue of the plebiscite, passed on the motion of Valerius. The censor M. Claudius Marcellus, to whom the ballot gave precedence over T. Quinctius, closed the lustrum.

[10] The census gave the number of citizens as 258,318. After these matters were settled the consuls left for their provinces.

Notes on the current edition

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

1. B.C. 188

2. This eclipse has been dated July 17, 188 B.C. (corrected calendar).

3. Cf. xxviii. 4 above.

4. This would grant them, retroactively, conubium, a right characteristic of Roman citizenship.

5. The municipia in general enjoyed only the private rights ( commercium and conubium) of Roman citizens: Livy describes their status as civitas sine suffragio. This incident illustrates the gradual promotion of the municipia to full civic rights.

6. Measures intended for an assembly were ordinarily, but not necessarily, submitted first to the senate, and those which the senate favoured received its auctoritas. In this instance the assembly seems to assert its legislative independence of the senate, but Livy's habit of abbreviating his accounts of constitutional debates complicates the problem.

7. B.C. 188

8. The Aemilia and Cornelia were two of the local tribes (ultimately thirty-five in number) to which all Roman citizens were assigned.

9. Cf. XXXV. ix. 2 and the first note.

10. Cf. XXXV. ix. 2 and the second note, and the Periocha of this Book.

Titus Livius (Livy) Ab urbe condita 38.36

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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