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), 41.8

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[1] The consular elections were then held.¹ The consuls chosen were Gaius Claudius Pulcher and Tiberius Sempronius Gracchus. The next day the praetors were elected, Publius Aelius Tubero (for the second time),² Gaius Quinctius Flamininus, Gaius Numisius, Lucius Mummius, Gnaeus Cornelius Scipio, Gaius Valerius Laevinus.

[2] The jurisdiction between citizens fell to Tubero, that between citizens and aliens to Quinctius, Sicily to Numisius, Sardinia to Mummius; but this, by reason of the seriousness of the war, was made a consular province. Scipio and Laevinus received from the lot Gaul, divided into two provinces.

[3] On the Ides of March, when Sempronius and³ Claudius were inaugurated consuls, a mere mention was made of the provinces of Sardinia and Histria and the enemies in both who had stirred up war in those provinces.

[4] On the next day the ambassadors of the Sardinians, whose hearing had been postponed to the administration of the new consuls, were heard, and Lucius Minucius Thermus, who had been a lieutenant of the consul Manlius in Histria, came into the senate.

[5] By them the senate was informed to what extent these provinces were engaged in war. The senate was greatly impressed also by the embassies from the allies of the Latin confederacy,⁴ who had wearied both censors and former consuls, and were at length given audience before the senate.

[6] The substance of their complaints was that large numbers of their citizens had been rated at Rome and had moved to Rome;⁵

[7] but if this were allowed it would come to pass in a very few decades that there would be deserted towns and deserted farms which would be unable to furnish a single soldier.⁶

[8] Similarly the Samnites and Paelignians complained that four thousand families had moved from their territories to Fregellae,⁷ nor did either⁸ community furnish fewer soldiers on that account when the levy was made. Moreover, two kinds of fraud had been practised to secure individual transfers of citizenship.

[9] The law⁹ granted to any persons among the allies of the Latin confederacy, who should leave¹⁰ in their home towns offspring of their loins, the privilege of becoming Roman citizens. By the abuse of this law some were injuring the allies, some the Roman people.

[10] For in the first place, in order to evade the requirement that they should leave offspring at home, they would give their sons to any Romans whatsoever in slavery, on the condition that they should be manumitted and thus become citizens of freedman condition;¹¹ in the second place, those who had no offspring to leave behind, in order to become Roman citizens adopted children.¹²

[11] Later, disdaining even these pretences of obedience to law, just¹³ as they pleased, with no regard to the statute or to the requirement of offspring, they would transfer to the Roman citizenship by migration and recognition in the census.

[12] In order that these things might not occur in future, the ambassadors requested first, that the senate should direct allies to return to their cities; second, that a law should be passed providing that no one should acquire a son or dispose of one for the purpose of changing his citizenship;¹⁴ third, that if anyone had thus become a Roman citizen, he should not be a Roman citizen. These petitions were granted by the senate.

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.) — 41.8 focus

[1] comitia deinde habita. consules creati C. Claudius Pulcher Ti. Sempronius Gracchus. et postero die praetores facti P. Aelius Tubero iterum C. Quinctius Flamininus C. Numisius L. Mummius Cn. Cornelius Scipio C. Valerius Laevinus.

[2] Tuberoni urbana iurisdictio, Quinctio peregrina evenit, Numisio Sicilia, Mummio Sardinia; sed ea propter belli magnitudinem provincia consularis facta. Gracchus eam sortitur, Histriam Claudius.

[3] Scipio et Laevinus Galliam in duas divisam provincias sortiti sunt.

[4] idibus Martiis, quo die Sempronius Claudiusque consulatum inierunt, mentio tantum de provinciis Sardinia Histriaque et utriusque hostibus fuit, qui in his provinciis bellum concivissent.

[5] postero die legati Sardorum, qui ad novos magistratus dilati erant, et L. Minucius Thermus, qui legatus Manli consulis in Histria fuerat, in senatum venit. ab his edoctus est senatus, quantum belli eae provinciae haberent.

[6] moverunt senatum et legationes socium nominis Latini, quae et censores et priores consules fatigaverant, tandem in senatum introductae.

[7] summa querellarum erat, cives suos Romae censos plerosque Romam commigrasse; quod si permittatur, perpaucis lustris futurum, ut deserta oppida, deserti agri nullum militem dare possint.

[8] Fregellas quoque milia quattuor familiarum transisse ab se Samnites Paelignique querebantur, neque eo minus aut hos aut illos in dilectu militum dare.

[9] genera autem fraudis duo mutandae viritim civitatis inducta erant. lex sociis ac nominis Latini, qui stirpem ex sese domi relinquerent, dabat, ut cives Romani fierent. ea lege male utendo alii sociis, alii populo Romano iniuriam faciebant.

[10] nam et ne stirpem domi relinquerent, liberos suos quibuslibet Romanis in eam condicionem, ut manu mitterentur, mancipio dabant, libertinique cives essent; et quibus stirps deesset, quam relinquerent, ut cives Romani fiebant.

[11] postea his quoque imaginibus iuris spretis, promiscue sine lege, sine stirpe in civitatem Romanam per migrationem et censum transibant.

[12] haec ne postea fierent, petebant legati, et ut redire in civitates iuberent socios; deinde ut lege caverent, ne quis quem civitatis mutandae causa suum faceret neve alienaret; et si quis ita civis Romanus factus esset, civis ne esset. haec impetrata ab senatu.

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).) — 43.8 focus

[1]

accersere in senatum Lucretium placuit, ut ¹ disceptaret coram purgaretque sese.

[2] ceterum multo plura praesens audivit, quam in absentem iacta erant; et graviores potentioresque accessere accusatores duo tribuni plebis, M'. ² Iuventius Talna et Cn. Aufidius.

[3] ii non in senatu modo eum lacerarunt, sed in contionem etiam pertracto multis obiectis probis diem dixerunt.

[4] senatus iussu Chalcidensibus Q. Maenius praetor respondit, quae bene meritos sese et ante et in eo bello quod geratur de populo Romano dicant, ea et scire vera eos referre senatum et perinde ac debeant grata ³ esse.

[5] quae facta a ⁴ C. Lucretio fierique ab L. ⁵ Hortensio praetoribus Romanis querantur, ea neque facta neque fieri voluntate ⁶ senatus quem non posse existimare,

[6] qui sciat bellum Persei et ante Philippo, patri ⁷ eius, intulisse populum Romanum pro libertate Graeciae, non ut ea a magistratibus suis socii atque amici ⁸ paterentur?

[7] litteras se ad L. Hortensium praetorem daturos esse, quae Chalcidenses querantur acta, ea senatui non placere; si qui in servitutem liberi venissent, ut eos conquirendos ⁹ primo quoque tempore restituendosque in libertatem curaret; ¹⁰ sociorum navalium neminem praeter magistros in hospitia deduci aequum censere.

[8] haec Hortensio iussu senatus scripta. munera binum milium aeris legatis missa et vehicula Micythioni ¹¹ publice locata, quae eum Brundisium commode perveherent.

[9] C. Lucretium, ubi dies quae dicta erat venit, tribuni ad populum accusarunt multamque deciens centum milium aeris dixerunt.

[10] comitiis habitis omnes quinque et triginta tribus eum condemnarunt.

Ab urbe condita libri, erklärt von M. Weissenborn Perseus (Weissenborn, W.; Müller, H. J., editors. Berlin: Weidmannsche Buchhandlung, 1873-1883.) — 41.8 focus

[1]

comitia deinde habita. consules creati C. Claudius Pulcher Ti. Sempronius Gracchus . et postero die praetores facti P. Aelius Tubero iterum C. Quinctius Flamininus C. Numisius L. Mummius Cn. Cornelius Scipio C. Valerius Laevinus .

[2] Tuberoni ¹ urbana iurisdictio, Quinctio peregrina evenit, Numisio Sicilia, Mummio Sardinia; sed ea propter belli magnitudinem provincia consularis facta.

[3] [Gracchus eam sortitur, Histriam Claudius.] Scipio et Laevinus Galliam in duas divisam provincias sortiti sunt.

[4] idibus Martiis, quo die Sempronius Claudiusque consulatum inierunt, mentio tantum de provinciis Sardinia Histriaque et utriusque hostibus fuit, qui in his provinciis bellum concivissent.

[5] postero die legati Sardorum, qui ad novos magistratus dilati erant, et L. Minucius Thermus , qui legatus Manli consulis in Histria fuerat, in senatum venit. ab his edoctus est senatus, quantum belli eae provinciae haberent.

[6] moverunt senatum et legationes socium nominis Latini, quae ² et censores et priores consules fatigaverant, tandem in senatum introductae.

[7] summa querellarum erat, cives suos Romae censos plerosque Romam commigrasse; quod si permittatur, perpaucis lustris futurum, ut deserta oppida, deserti agri nullum militem dare possent.

[8] Fregellas quoque milia quattuor familiarum transisse ab se Samnites Paelignique querebantur, neque eo minus aut hos aut illos in dilectu militum dare.

[9] genera autem fraudis ³ duo mutandae viritim civitatis inducta erant. lex sociis [ac] nominis Latini, qui stirpem ex sese domi relinquerent, dabat, ut cives Romani fierent. ea lege male utendo alii sociis, alii populo Romano iniuriam faciebant.

[10] nam et ne stirpem domi relinquerent, liberos suos quibusquibus Romanis in eam condicionem, ut ⁴ manumitterentur, mancipio dabant, libertinique cives essent; et quibus stirpes deesset, quam relinquerent, ut cives Romani fiebant.

[11] postea his quoque imaginibus iuris spretis, promiscue sine lege, sine stirpe in civitatem Romanam per migrationem et censum transibant.

[12] haec ne postea fierent, petebant legati, et ut redire in civitates iuberent socios; deinde, ut lege caverent, ne quis quem civitatis mutandae causa suum faceret neve ⁵ alienaret, et si quis ita civis Romanus factus esset, civis ne esset. haec impetrata ab senatu.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 41.8 focus

[1]

The elections were then held, in which Caius Claudius Pulcher and Tiberius Sempronius Gracchus were chosen consuls. Next day the following persons were elected praetors, Publius Aelius Tubero, a second time, Caius Quintus Flamininus, Caius Numisius, Lucius Mummius, Cneius Cornelius Scipio, and Publius Valerius Laevinus.

[2] The city jurisdiction fell, by lot, to Tubero; the foreign, to Quintus; Sicily, to Numisius; and Sardinia, to Mummius; but this last, on account of the importance of the war there, was made a consular province.

[3] Gracchus obtains it by lot; Claudius, Istria; Scipio and Laevinus received Gaul, which was divided into two provinces. On the ides of March, the day when Sempronius and

[4] Claudius assumed the administration, a cursory mention only was made of the provinces of Sardinia and of Istria, and of those who had commenced hostilities there;

[5] but on the day following, the ambassadors of the Sardinians, who had been referred to the new magistrates, were introduced, and Lucius Minucius Thermus, lieutenant-general under the consul Manlius in Istria, attended; and by them the senate was accurately informed how far these provinces were involved in war. Ambassadors from the confederate states of Latium, who, after having ineffectually applied to the former consuls and censors, were at last introduced to an audience, made a powerful impression on the senate.

[6] The amount of their complaints was, that

their citizens, having been rated in the general survey at Rome, had most of them removed thither;

[7]

and that if this practice were allowed, it would come to pass, in the course of a very few lustrums, that their deserted towns and country would be unable to furnish any soldiers.

[8] The Samnites and the Pelignians also represented, that four thousand families had emigrated to Fregellae; and that neither of these places furnished less soldiers on that account.

[9] That there had been practised two species of fraud in individuals changing their citizenship: there was a law, which granted liberty to any of the allies or Latins, who should not leave his offspring at home, to be enrolled a citizen of Rome; yet, by an abuse of this law, some did injury to the allies, others to the Roman people.

[10] For, at first, to evade the leaving offspring at home, they made over their children as slaves to some Roman, under an agreement that they should be again set free, and thus become citizens by emancipation; and then those men, who had now no children to leave, became Roman citizens.

[11] Afterwards, they neglected even these appearances of law; and, without any regard either to the ordinances or to progeny, passed indiscriminately into the Roman state by migration, and getting themselves included in the survey.

[12] To prevent such proceedings in future, the ambassadors requested the senate to order the allies to return to their respective states, and to provide by a law that no one should make any man his property, or alienate such property for the purpose of a change of citizenship; and that if any person should by such means be made a citizen of Rome, he should not enjoy the rights of a citizen."

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.) — 41.8 focus

[1]

Then came the elections. The new consuls were C. Claudius Pulcher and Ti. Sempronius Gracchus, and the new praetors, P. Aelius Tubero (for the second time), C. Quinctius Flamininus, C. Numisius, L. Mummius, Cnaeus Cornelius Scipio and C. Valerius Laevinus. Tubero received the civic jurisdiction, Quinctius the alien.

[2] Sicily fell to Numisius, and Sardinia to Mummius; the latter, however, owing to the magnitude of the war, was made a consular province. Gaul was divided into two provinces and allotted to Scipio and Laevinus.

[3] On the Ides of March, when Sempronius and Claudius entered upon office, the provinces of Sardinia and Histria and the instigators of war in those provinces were only informally discussed.

[4] On the following day, the Sardinian deputation, who had been referred to the new consuls, and L. Minucius Thermus, who had been second

[5] in command with the consul Manlius in Histria, appeared before the senate, and after the information they gave, the senate realised what a state of war existed in those provinces. Delegates from the Latin allies, after numberless appeals to the censors and the late consuls, were at length admitted to an audience of the senate, and their statement made a great impression.

[6] The gist of their complaint was that their citizens who were on the Roman register had migrated in great numbers

[7] to the City, and if this were allowed it would come to pass in a very few lustra that the towns and fields would be deserted and incapable of furnishing any men for the army.

[8] The Samnites and Paeligni stated that 4000 families had gone from them to Fregellae, but they were not diminishing their contingents, nor were the Fregellans increasing theirs. The practice of individuals changing their citizenship led to two kinds of fraud.

[9] The law allowed those amongst the Latin allies who chose, to become Roman citizens if they left male progeny behind in the old home. This law was abused to the injury of the allies and of the Roman people.

[10] For in order to avoid any male descendants being left at home, they gave their children as slaves to some Roman or other, on condition that they should be manumitted, and as freedmen become citizens, whilst on the other hand those who had no male descendants became Roman citizens. Subsequently, even this legal presence was brushed aside.

[11] In defiance of law and without any male descendants they migrated to Rome and were placed on the City register. The delegates asked that this might be stopped for the future, and that those who had migrated should be ordered to return to their homes.

[12] They asked further that a law might be passed making it illegal for any person to adopt or manumit any one with the view of changing his citizenship, and also require those who had become Roman citizens by this means to renounce their citizenship. The senate granted these requests.

Notes on the current edition

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

1. B.C. 178

2. There was a praetor of this name in 201 B.C. (XXX. xl. 5).

3. B.C. 178

4. The separate mention of the Samnites and the Paelignians in sect. 8 below indicates that this refers only to the allies in Latium, not in Italy as a whole; cf. ex Latio in XXXIX. iii. 4.

5. For an attempt in 189 B.C. to correct the same situation, cf. XXXIX. iii. 4-6.

6. A.U.C. 577

7. Fregellae was a Latin colony. It seems that as residents of Latium moved to Rome, so allies from other parts of Italy migrated to towns with larger privileges, without affecting the quota of troops required from their old homes.

8. The use of pronouns is peculiar and the text may be corrupt. One would expect a complaint that the quota of Fregellae had not been raised to correspond to its increased population.

9. The meaning is uncertain. Perhaps this ordinance was part of the original compact which governed the relations of Rome and the Latin League. From the fact that there is no reference to it in XXXIX. iii, it might be argued that the law had been passed since 189 B.C.

10. The phrase stirpem ex sese has reference to natural, not adopted sons; the provision is an insurance against a decrease in the number of families in a community.

11. The procedure is difficult to follow, especially in the light of the preceding sentence. This much is clear, that the father who aspired to become a Roman citizen satisfied the requirement mentioned above by leaving a son behind him; next he transferred that son collusively to some Roman by the legal process of mancipium; after the father had acquired the Roman citizenship, presumably, the Roman who had purchased the son set him free, whereby the son also became a civis, though a libertinus, by reason of his temporary slavery. This method injured the socii, by depriving them of a family.

12. This passage has been emended in many ways: I have preferred the text of Voigt, mainly on account of its brevity, since the general purport of all is the same (for other suggestions see the apparatus of Giarratano). One may assume that the phrase stirpem ex sese was found legally ambiguous, and was stretched to include adoptive children. This method injured the Romans, since the law had been evaded, even if not actually violated.

13. B.C. 177

14. This clause forbids both the adoption and the mancipatory sale of a son to avoid the older law.

Titus Livius (Livy) Ab urbe condita 41.8

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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