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), 43.16

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[1]

In reviewing the knights, the censorship of these officials was rather stern and harsh; they deprived many of their horses.

[2] When in this matter they had offended the order of knights, they added fire to the grudge by a proclamation, in which they proclaimed that none of those who in the censorship of Quintus Fulvius and Aulus Postumius ¹ had farmed the public revenues or the public works should appear at the auction of Claudius and Sempronius, ² or should be a partner or sharer in the contracting.

[3] When, after many complaints about this decree, the veteran tax-gatherers were unable to induce the senate to set a limit to the censors' power, ³ at last in a tribune of the people, Publius Rutilius, who was angry with the censors over a dispute concerning a private matter, they found an advocate for their cause.

[4] A freedman client of Rutilius had been ordered by the censors to pull down a house-wall on the Sacred Way opposite the public temples, because the wall was built on state land.

[5] An appeal was made by the citizen to the tribunes. When no one but Rutilius intervened in his behalf, the censors sent agents to secure bonds ⁴ and announced before ⁵ a meeting a fine for the citizen. ⁶

[6] A dispute having arisen from this cause, when the veteran tax-gatherers had resorted to the tribune, a proposed law was suddenly published under the name of the one tribune, stating that whereas Gaius Claudius and Tiberius Sempronius had let certain public revenues and public works, the letting of these should be void;

[7] they should be let anew, and everyone without restriction should have the right of farming and contracting. The tribune of the people announced for the assembly ⁷ a day for voting on this proposal. ⁸

[8] When this day came, as the censors came forward to advise against the law, ⁹ while Gracchus was speaking there was silence; when heckling greeted Claudius, he ordered the herald to bring the meeting to order.

[9] When this was done, the tribune, complaining that the meeting had been taken out of his hands and that he had been deprived of his authority, left the Capitol, where the assembly was. Next day he raised a great uproar.

[10] He first dedicated to the gods the property of Tiberius Gracchus because in the matter of the fine and the bonds imposed on one who had appealed to a tribune, Gracchus had, by not obeying the tribune's interposition, ¹⁰ deprived him of his authority;

[11] he set a day for the trial of Gaius Claudius on the charge of taking the meeting away from him; and he announced that he judged each censor guilty of treason, and asked of Gaius Sulpicius the city praetor a day for an assembly. ¹¹

[12] Since the censors did not object to having the people pass judgment on them at the first possible moment, the day for the assembly-trial for treason was set for the twenty-third and twenty-fourth of September. ¹²

[13] The censors immediately mounted to the Hall of Liberty ¹³ and, having there sealed the public accounts and closed the account room and sent away the public slaves, declared that they would transact no public business until the judgment of the people upon them had been passed.

[14] Claudius pleaded his cause first; and when of the twelve centuries of knights eight had condemned the censor, along with many other centuries of the first class, at once the leading men of the state, in the sight of the people, laid aside their gold rings and put on mourning, ¹⁴ in order to go about entreating ¹⁵ the commons.

[15] Chiefly, however, Tiberius Gracchus is said to have changed men's minds, because, although there was everywhere shouting from the commons that Gracchus was in no danger, he swore in formal terms that if his colleague were condemned he would not await the outcome of his own trial, but would accompany Claudius into exile. ¹⁶ None the less, so near did the defendant come to the last ray of hope that only eight centuries were lacking for condemnation.

[16] When Claudius had been acquitted, the tribune of the people said that he did not care about the case of Gracchus. ¹⁷

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.) — 43.16 focus

[1] in equitibus recensendis tristis admodum eorum atque aspera censura fuit:

[2] multis equos ademerunt. in ea re cum equestrem ordinem offendissent, flammam invidiae adiecere edicto, quo edixerunt, ne quis eorum, qui Q. Fulvio A. Postumio censoribus publica vectigalia aut ultro tributa conduxissent, ad hastam suam accederet sociusve aut adfinis eius conductionis esset.

[3] saepe id querendo veteres publicani cum impetrare nequissent ab senatu, ut modum potestati censoriae inponerent, tandem tribunum plebis P. Rutilium, ex rei privatae contentione iratum censoribus, patronum causae nancti sunt.

[4] clientem eius libertinum parietem in Sacra via adversus aedes publicas demoliri iusserant, quod publico inaedificatus esset.

[5] appellati a privato tribuni. cum praeter Rutilium nemo intercederet, censores ad pignera capienda miserunt multamque pro contione privato dixerunt.

[6] hinc contentione orta cum veteres publicani se ad tribunum contulissent, rogatio repente sub unius tribuni nomine promulgatur, quae publica vectigalia aut ultro tributa C. Claudius et Ti. Sempronius locassent, ea rata locatio ne esset:

[7] ab integro locarentur, et ut omnibus redimendi et conducendi promiscue ius esset.

[8] diem ad eius rogationem concilio tribunus plebis dixit. qui postquam venit, ut censores ad dissuadendum processerunt, Graccho dicente silentium fuit; cum Claudio obstreperetur, audientiam facere praeconem iussit.

[9] eo facto avocatam a se contionem tribunus questus et in ordinem se coactum ex Capitolio, ubi erat concilium, abit.

[10] postero die ingentis tumultus ciere. Ti. Gracchi primum bona consecravit, quod in multa pignoribusque eius, qui tribunum appellasset, intercessioni non parendo se in ordinem coegisset;

[11] C. Claudio diem dixit, quod contionem ab se avocasset; et utrique censori perduellionem se iudicare pronuntiavit diemque comitiis a C. Sulpicio praetore urbano petit.

[12] non recusantibus censoribus, quominus primo quoque tempore iudicium de se populus faceret, in ante diem octavum et septimum kal. Octobres comitiis perduellionis dicta dies.

[13] censores extemplo in atrium Libertatis escenderunt et ibi obsignatis tabellis publicis clausoque tabulario et dimissis servis publicis negarunt se prius quidquam publici negotii gesturos, quam iudicium populi de se factum esset.

[14] prior Claudius causam dixit; et cum ex duodecim centuriis equitum octo censorem condemnassent multaeque aliae primae classis, extemplo principes civitatis in conspectu populi anulis aureis positis vestem mutarunt, ut supplices plebem circumirent.

[15] maxime tamen sententiam vertisse dicitur Ti. Gracchus, quod, cum clamor undique plebis esset periculum Graccho non esse, conceptis verbis iuravit, si collega damnatus esset, non expectato de se iudicio comitem exilii eius futurum.

[16] adeo tamen ad extremum spei venit reus, ut octo centuriae ad damnationem defuerint. absoluto Claudio tribunus plebis negavit se Gracchum morari.

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).) — 43.16 focus

[1]

in equitibus recensendis tristis admodum eorum atque aspera censura fuit: multis equos ademerunt.

[2] in ea re cum equestrem ordinem offendissent, flammam invidiae adiecere edicto, quo edixerunt, ne quis eorum qui Q. Fulvio A. Postumio censoribus publica vectigalia aut ultro tributa conduxissent ad hastam suam accederet sociusve aut adfinis eius conditionis esset.

[3] saepe id querendo veteres publicani cum impetrare nequissent ab senatu ut modum potestati censoriae imponerent, tandem tribunum plebis P. Rutilium, ¹ ex rei privatae contentione iratum censoribus, patronum causae nancti sunt.

[4] clientem eius ² libertinum parietem in Sacra via adversus aedes publicas demoliri iusserant, quod publico inaedificatus esset.

[5] appellati a private tribuni. cum praeter Rutilium nemo intercederet, censores ad pignera capienda miserunt multamque ³ pro contione privato dixerunt.

[6] hinc⁴ contentione orta cum veteres publicani se ad tribunum contulissent, rogatio repente sub unius tribuni nomine promulgatur,

[7] quae publica vectigalia aut ⁵ ultro tributa C. Claudius et Ti. Sempronius locassent, ea rata locatio ne esset: ab integro locarentur et ut omnibus redimendi et conducendi promiscue ius esset.

[8] diem ad eius rogationem ⁶ concilio tribunus plebis dixit. qui postquam venit ⁷ ut censores ad dissuadendum processerunt, Graccho dicente ⁸ silentium fuit; cum ⁹ Claudio obstreperetur, audientiam facere praeconem iussit.

[9] eo facto avocatam ¹⁰ a se contionem tribunus questus et in ordinem se coactum ex Capitolio, ubi erat concilium, abiit. postero die ingentis tumultus ciere.

[10] Ti . Gracchi primum bona consecravit quod in multa pignoribusque eius qui tribunum appellasset, ¹¹ intercessioni non parendo se in ordinem coegisset;

[11] C. Claudio ¹² diem dixit, quod contionem ab se avocasset; et utrique censori perduellionem se iudicare pronuntiavit diemque comitiis a C. Sulpicio praetore urbano petit.

[12] non recusantibus censoribus, quominus ¹³ primo quoque tempore iudicium de se populus faceret, in ante diem octavum et septimum kal. Octobres comitiis perduellionis dicta dies.

[13] censores extemplo in atrium Libertatis escenderunt ¹⁴ et ibi obsignatis ¹⁵ tabellis publicis clausoque tabulario et dimissis servis publicis negarunt se prius quidquam publici negotii gesturos, quam iudicium populi de se factum esset.

[16] adeo tamen ad extremum spei venit ¹⁷ reus, ut octo centuriae ad damnationem defuerint. absoluto Claudio tribunus plebis negavit se Gracchum ¹⁸ morari.

Ab urbe condita libri, erklärt von M. Weissenborn Perseus (Weissenborn, W.; Müller, H. J., editors. Berlin: Weidmannsche Buchhandlung, 1873-1883.) — 43.16 focus

[1]

in equitibus recensendis tristis admodum eorum atque ¹ aspera censura fuit;

[4] clientem libertinum parietem in sacra via adversus aedes publicas demoliri iusserant, quod publico inaedificatus esset.

[5] appellati a privato tribuni. cum praeter Rutilium nemo intercederet, censores ad pignera ² capienda miserunt multamque pro contione privato dixerunt.

[6] hinc contentione orta cum veteres publicani se ad tribunum contulissent, rogatio repente sub unius tribuni nomine promulgatur,

[7] quae publica vectigalia aut ultro tributa C. Claudius et Ti. Sempronius locassent, ea rata locatio ne esset; ab integro locarentur, et ut omnibus redimendi et conducendi promiscue ius esset.

[8] diem ad eius legis rogationem concilio tribunus plebis dixit. qui post quam venit, ut censores ad dissuadendum processerunt, ³ Graccho dicente silentium fuit; cum Claudio obstreperetur, audientiam facere praeconem iussit.

[9] eo facto avocatam a se contionem tribunus questus et in ordinem se coactum ex Capitolio, ubi erat concilium, abiit.

[10] postero die ingentis tumultus ciere. Ti. Gracchi primum bona consecravit, quod in multa pignoribusque eius, qui tribunum appellasset, intercessioni non parendo se in ordinem coegisset;

[11] C. Claudio diem dixit, quod contionem ab se avocasset, et utrique censori perduellionem se iudicare ⁴ pronuntiavit diemque comitiis a C. Sulpicio praetore urbano petiit.

[12] non recusantibus censoribus, quominus primo quoque tempore iudicium de se populus faceret, in ante diem octavum et septimum kal.

[13] Octobres comitiis perduellionis dicta dies. censores extemplo in atrium Libertatis escenderunt et obsignatis tabellis publicis clausoque tabulario et dimissis servis publicis negarunt se prius quidquam publici negotii gesturos, quam iudicium populi de se factum esset.

[14] prior Claudius causam dixit; et cum ex duodecim centuriis equitum octo censorem condemnassent ⁵ multaeque aliae primae classis, extemplo principes civitatis in conspectu populi anulis aureis positis vestem mutarunt, ut supplices plebem circumirent.

[15] maxime tamen sententiam vertisse dicitur Ti. Gracchus , quod, cum clamor undique plebis esset periculum Graccho non esse, conceptis verbis iuravit, si collega damnatus esset, non expectato de se iudicio comitem exilii eius futurum. ⁶ adeo tamen ad extremum spei venit reus,

[16] ut octo centuriae ad damnationem defuerint. absoluto Claudio tribunus plebis negavit se Gracchum morari.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 43.16 focus

[1]

In the review of the knights their censorship was very severe and harsh:

[2] they deprived many of their horses; and after giving offence to the equestrian order in this matter, they inflamed the general displeasure to a higher degree by an edict, in which they ordered, that

no person who had farmed the public revenues or taxes from the censors Quintus Fulvius and Aulus Postumius, should attend their sale, or have any partnership or connexion in the contracts then to be made.

[3] When the former tax-contractors could not prevail on the senate, by their frequent complaints, to check the power of the censors, at length they found a patron of their cause in Publius Rutilius, a plebeian tribune, who was incensed against the censors in consequence of a dispute about a private concern.

[4] They had ordered a client of his, a freed-man, to throw down a wall, which stood opposite to a public building in the Sacred Street, because it was built on ground belonging to the public. The tribunes were appealed to by the citizen.

[5] When none of them would interfere, except Rutilius, the censors were sent to seize the property of the citizen, and imposed a fine on him in a public assembly.

[6] When the present dispute broke out, and the old revenue-farmers had recourse to the tribunes, a bill was suddenly promulgated under the name of one of the tribunes, that

with regard to the public revenues and taxes, which Caius Claudius and Tiberius Sempronius should have hired out, all contracts made by them should be null and void: that they should all be let anew, and that every person, without distinction, should be at liberty to bid for and take them.

[7] The tribune appointed the day for an assembly to vote on this bill.

[8] When the day came, and the censors stood forth to argue against the order, there was deep silence while Gracchus addressed them: when the voice of Claudius was drowned in the murmurs, he directed the crier to cause silence, that he might be heard.

[9] When this was done, the tribune, complaining that the assembly which he had summoned was taken out of his rule, and that he was reduced to a private capacity, retired from the Capitol, where the assembly met. Next day he raised a violent commotion.

[10] In the first place, he declared the property of Tiberius Gracchus forfeited to the gods, because he, by fining and seizing the goods of a person who had appealed to a tribune, and by refusing to admit the tribune's right of protesting, had reduced him to a private capacity.

[11] He instituted a criminal process against Caius Claudius because he had summoned the assembly away from him, and declared his intention of prosecuting both the censors for treason; and he demanded of Caius Sulpicius, the city praetor, that he would fix a day for an assembly to try them.

[12] As the censors offered no objection to the people passing their sentence on them as soon as they pleased, their trial for treason was fixed to come the eighth and seventh days before the calends of October.

[13] The censors went up immediately to the temple of Liberty, where they sealed the books of the public accounts, shut up the office, and dismissed the clerks; affirming, that they would do no kind of public business until the sentence of the people was passed on them.

[14] Claudius was first brought to trial; and after eight out of the eighteen centuries of knights, and many others of the first class, had given sentence against him, the principal men in the state, immediately taking off their gold rings, in the sight of the people, put on mourning, in order that they might suppliantly solicit the commons in his favour.

[15] Yet, it is said, that Gracchus was the chief means of making a change in their sentiments; for when shouts arose from the commons on all sides that Gracchus was in no danger, he took a formal oath, that if his colleague were condemned, he would be his companion in exile, without waiting for their judgment concerning himself. After all, the case of the accused was so near being desperate, that the votes of eight centuries only were wanting to condemn him.

[16] When Claudius was acquitted, the tribune said, that he would not delay Gracchus.

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.) — 43.16 focus

[1]

The revision of the register of the equites was strict and drastic.

[2] Many were degraded from the order, and this action was resented by the whole body of the equites. The ill-will thus evoked was further aggravated by an edict which the censors published forbidding anyone who had leased the public taxes or private contracts from the censors C. Claudius and Tiberius Sempronius from attending the present sale or becoming partner or associate in any transaction there.

[3] In spite of their frequent protests, the former tax-farmers had been unable to induce the senate to place any restrictions on the censorial powers. At last they got a tribune of the plebs, P. Rutilius, who was hostile to the censors on personal grounds, to champion their cause.

[4] The censors had ordered a client of his, a freedman, to pull down a wall which faced a public building in the Via Sacra, because it had been built on ground belonging to the State. The owner appealed to the tribunes.

[5] As no one but Rutilius interposed his veto the censors sent men to distrain his goods and imposed a fine.

[6] A sharp dispute arose, and when the former tax-farmers had recourse to the tribune, a measure was suddenly brought forward by this one tribune providing that the public and private contracts which had been leased out by C. Claudius and Tiberius Sempronius should be cancelled and all the business done over again, so that everybody might have an equal chance to tender for and work the lease.

[7] The tribune fixed a day for the discussion of this proposal in the Assembly. When he appeared, the censors stood forward to oppose the measure.

[8] There was silence while Gracchus was speaking, but Claudius met with interruptions and disturbance, and he ordered the usher to call for silence that he might be heard. The tribune declared that by doing this he had withdrawn the Assembly from his control and impugned his authority, and at once left the Capitol where the Assembly had met.

[9] The next day he created a serious disturbance.

[10] First of all, he pronounced the property of Tiberius Gracchus to be forfeited to the gods because in fining and distraining upon a man who had appealed to a tribune, he had not yielded to his veto and had impugned his authority.

[11] He formally impeached C. Claudius because he had withdrawn the Assembly from his control, and he declared that he should bring both censors to trial for high treason, and requested C. Sulpicius to convene the citizens in their centuries to hear and adjudicate on the case.

[12] The censors offered no opposition to the people passing judgment on them as soon as possible, and September 24 and 25 were fixed upon as the days for the trial. On this they went up to the Hall of Liberty, sealed up the civic registers, closed the office, dismissed their staff and gave out that they would not deal with any public business whatever until the people had given their verdict.

[13] The case of Claudius was taken first. Eight out of the twelve centuries of equites and several other centuries of the first class sentenced him to a fine.

[14] No sooner was this known than the leading patricians put off their gold rings in the sight of the people and laid aside their robes, so that they might make a suppliant appeal to the plebs. It is said, however, that the change of mind was mainly due to Tiberius Gracchus.

[15] When shouts arose from the plebs on all sides that "Gracchus was in no danger," he took a solemn oath and declared that if his colleague were condemned he would not wait for his own trial, but would be his companion in exile. So little hope, however, had Claudius of acquittal that only eight centuries were wanted to secure his condemnation.

[16] Claudius was acquitted, and then the tribune said that he would not keep Gracchus waiting any longer.

Notes on the current edition

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

1. The previous censors, XLI. xxvii.

2. Literally,

to their spear,

since a spear was the sign of an auction; at the censors' auction contracts for public works and for collecting the revenues were to be made, cf. XXXIX. xliv. 8 and the note.

3. Compare the Pyrrhic victory of the contractors in 184 B.C. , XXXIX. xliv. 8.

4. Such bonds, designed to secure the appearance for trial of a person charged with a crime, were secured, not directly from the defendant, but from bondsmen from among his friends. For this practice, cf. III. xiii. 8, XXV. iv. 8-10, XXXIX. xli. 7, and Summary XLVIII. Aulus Gellius, XVI. x. 8, mentions bondsmen as one of the obsolete legal forms abolished by the lex Aebutia (exact date unknown). After this time, bonds were posted by the defendant.

5. B.C. 169

6. The veto of one tribune sufficed to debar an action, but the censors apparently expected the other tribunes to suppress Rutilius, as had been done on various other occasions, cf. II. xliii. 4, IV. xlix. 6 and liii. 7, IX. xxxiv. 26, XXIV. xliii. 3, or that the senate would support them, cf. XXIX. xxxvii. 17.

7. An Assembly of the Commons ( concilium plebis ).

8. An attempt is made here to translate the MS. text, without the usual alterations (see critical note). I accept the suggestion of Duker that the phrase, if completed, would be ad eius rogationis rogationem, rogatio meaning (a) a bill or proposed law, ( b ) the process of putting it to a vote.

9. In a meeting ( contio ) held before the voting assembly.

10. B.C. 169

11. Rutilius proceeds under the law mentioned in III. Iv. 7, that one who injured a tribune should forfeit his head to Jupiter, and that his property should be sold at the temple of Ceres, Liber and Libera; the ceremony of dedicating the man and his property to the gods might be performed by a tribune, cf. Cicero, De Domo Sua 47 (123-5), but apparently had to be confirmed by action of the people. Livy's phrasing seems to make Rutilius arrange for two trials for Claudius, but we hear of only one (below, 14-16) and it seems probable that the trial for treason, based on the charges mentioned, was the one action which was to confirm the sentence already pronounced by the tribune; also this sentence was probably directed equally against both, though Gracchus is named alone. For a trial of treason, the comitia centuriata was called, since a death-sentence was involved, not the comitia tributa, as above, viii. 9, cf. the note, nor the concilium plebis.

12. A day for each defendant, see XXV. iv. 10.

13. This appears to have been next to the Senate-house, and perhaps a sort of annex to it. A rebuilding of the atrium in 194 B.C. is mentioned in XXXIV. xliv. 5; hostages were kept there, according to XXV. vii. 12; archives for laws were maintained there (Festus 241); and the enrolment of freedmen in the city tribes took place there (XLV. xv. 5). The anniversary day of the sanctuary of Freedom was April thirteenth (Ovid, Fasti IV. 623). In the first century B.C., slaves were imprisoned there (Cicero, Pro Milone 59), and, following a plan of Julius Caesar's, Asinius Pollio founded there the first public library in Rome, with rich sculptural adornment (Ovid, Tristia III. 1. 71-2, Suetonius, Augustus 29).

14. I.e., a dark toga; with it jewellery was not worn, and senators and magistrates did not wear the purple stripe on their togas of mourning.

15. B.C. 169

16. Except for the knights, among whom were the hostile tax-gatherers, the danger to Claudius obviously arose from his harsh and arbitrary behaviour; cf. his actions during his consulate in 177 B.C. , XLI. x. 5-13.

17. The later activities of these censors are told below, XLIV. xvi. and XLV. xv.

Titus Livius (Livy) Ab urbe condita 43.16

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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