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), 43.2

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[1]

Next, envoys of several peoples from each of the Spains were presented to the senate.

[2] After complaining of the greed and arrogance of Roman officials, ¹ they begged of the senate on bended knees that it would not permit them, its allies, to be more wretchedly despoiled and harassed than its enemies.

[3] Since they complained of other acts of injustice also and it was in fact obvious that money had been extorted, the task was assigned to the praetor Lucius Canuleius, to whom Spain ² had been allotted, to assign for each man, from whom the Spaniards were seeking to recover money, five judges ³ of senatorial rank and to permit the Spaniards to choose any advocates they might wish.

[4] The decree of the senate was read to the envoys, who had been summoned to the senate-house, and they were ordered to name their advocates.

[5] They named four, Marcus Porcius Cato, ⁴ Publius Cornelius Scipio son of Gnaeus, ⁵ Lucius Aemilius Paulus son of Lucius, ⁶ and Gaius Sulpicius Gallus.

[6] The case of Marcus Titinius, who had been praetor in Nearer Spain during the consulship of Aulus Manlius and Marcus Junius, ⁷ was first taken up by a board of judges. ⁸ The trial was twice adjourned, and at the third session the defendant was acquitted.

[7] A dispute arose between the envoys of the two provinces; the peoples of Nearer Spain chose as advocates Marcus Cato and Publius Scipio, those of Farther Spain took Lucius Paulus and Sulpicius Gallus.

[8] There were brought before judges by the peoples of the nearer province Publius Furius Philus, by those of the farther province Marcus Matienus ⁹ ; the former had been praetor three years before, in the

[9] consulship of Spurius Postumius and Quintus Mucius, the latter had served two years before, when Lucius Postumius and Marcus Popilius were consuls.

[10] Both were accused on most serious charges and the cases were adjourned; when the time came for a fresh trial, the defence reported that they had left Roman territory to go into exile. Furius went for his exile to Praeneste, Matienus to Tibur. ¹⁰

[11] There was a rumour that the advocates ¹¹ would not allow accusations against men of rank and influence; this suspicion was increased by Canuleius the praetor, who gave up this investigation, began to hold a levy, and then suddenly left for his province, so that no more men should be assailed by the Spaniards.

[12] Though bygones were thus shrouded in silence, the senate voted for the future what the Spaniards had requested —that a Roman official should not set the price for grain, nor compel the Spaniards to sell their five-per-cent quotas ¹² at the price he wished, and that no officers should be placed over their towns to collect money.

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.) — 43.2 focus

[1] Hispaniae deinde utriusque legati aliquot populorum in senatum introducti.

[2] ii de magistratuum Romanorum avaritia superbiaque conquesti, nixi genibus ab senatu petierunt, ne se socios foedius spoliari vexarique quam hostis patiantur.

[3] cum et alia indigna quererentur, manifestum autem esset pecunias captas, L. Canuleio praetori, qui Hispaniam sortitus erat, negotium datum est, ut in singulos, a quibus Hispani pecunias repeterent, quinos recuperatores ex ordine senatorio daret patronosque, quos vellent, sumendi potestatem faceret.

[4] vocatis in curiam legatis recitatum est senatus consultum, iussique nominare patronos.

[5] quattuor nominaverunt, M. Porcium Catonem, P. Cornelium Cn. F. Scipionem, L. Aemilium L. F. Paulum, C. Sulpicium Gallum.

[6] cum M. Titinio primum, qui praetor A. Manlio M. Iunio consulibus in citeriore Hispania fuerat, recuperatores sumpserunt. bis ampliatus, tertio absolutus est reus.

[7] dissensio inter duarum provinciarum legatos est orta; citerioris Hispaniae populi M. Catonem et P. Scipionem, ulterioris L. Paulum et Gallum Sulpicium patronos sumpserunt.

[8] ad recuperatores adducti a citerioribus populis P. Furius Philus, ab ulterioribus M. Matienus;

[9] ille Sp. Postumio Q. Mucio consulibus triennio ante, hic biennio prius L. Postumio M. Popilio consulibus praetor fuerat.

[10] gravissimis criminibus accusati ambo ampliatique; cum dicenda de integro causa esset, excusati exilii causa solum vertisse. Furius Praeneste, Matienus Tibur exulatum abierunt.

[11] fama erat prohiberi a patronis nobiles ac potentes conpellare; auxitque eam suspicionem Canuleius praetor, quod omissa ea re dilectum habere instituit, dein repente in provinciam abiit, ne plures ab Hispanis vexarentur.

[12] ita praeteritis silentio obliteratis in futurum tamen consultum ab senatu Hispanis, quod impetrarunt, ne frumenti aestimationem magistratus Romanus haberet neve cogeret vicensumas vendere Hispanos, quanti ipse vellet, et ne praefecti in oppida sua ad pecunias cogendas imponerentur.

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).) — 43.2 focus

[1]

Hispaniae deinde utriusque legati aliquot populorum in senatum ¹ introducti.

[2] ii de magistratuum ² Romanorum avaritia superbiaque conquesti, nixi genibus ab senatu petierunt ne se socios foedius spoliari vexarique quam hostes ³ patiantur.

[3] cum et alia indigna quererentur, manifestum autem esset pecunias captas, L. Canuleio praetori, qui Hispaniam sortitus erat, negotium datum est ut in singulos, a quibus Hispani pecunias repeterent, quinos recuperatores ⁴ ex ordine senatorio daret patronosque quos vellent sumendi potestatem faceret.

[4] vocatis in curiam legatis recitatum est senatus consultum, iussique nominare patronos.

[5] quattuor nominaverunt, M. Porcium Catonem, P. Cornelium Cn. F. Scipionem, ⁵ L. Aemilium L. F. Paulum, ⁶ C. Sulpicium Gallum. cum M. Titinio primum,

[6] qui praetor A. Manlio M. Iunio consulibus in citeriore Hispania fuerat, recuperatores sumpserunt. bis⁷ ampliatus, tertio absolutus est reus.

[7] dissensio inter duarum provinciarum legatos est orta ⁸ ; citerioris Hispaniae populi M. Catonem et P. ⁹ Scipionem, ulterioris L. Paulum et Gallum Sulpicium patronos sumpserunt.

[8] ad recuperatores adducti a citerioribus populis P. Furius Philus, ab ulterioribus M. Matienus;

[9] ille Sp. Postumio Q. Mucio consulibus triennio ante, hic biennio ¹⁰ prius L. Postumio M. ¹¹ Popilio consulibus praetor fuerat.

[10] gravissimis criminibus accusati ambo ampliatique; cum dicenda de integro causa esset, excusati ¹² exilii causa solum vertisse. Furius Praeneste, Matienus Tibur exulatum abierunt.

[11] fama erat prohiberi a patronis nobiles ac potentes compellare; ¹³ auxitque ¹⁴ eam suspicionem Canuleius praetor, quod omissa ea re dilectum habere instituit, dein repente in provinciam abiit, ne ¹⁵ plures ab Hispanis vexarentur.

[12] ita praeteritis silentio obliteratis in futurum tamen consultum ab ¹⁶ senatu Hispanis, quod impetrarunt, ne frumenti aestimationem magistratus Romanus haberet neve cogeret vicensimas vendere Hispanos, quanti ipse vellet, ¹⁷ et ne praefecti in oppida sua ad pecunias cogendas imponerentur.

Ab urbe condita libri, erklärt von M. Weissenborn Perseus (Weissenborn, W.; Müller, H. J., editors. Berlin: Weidmannsche Buchhandlung, 1873-1883.) — 43.2 focus

[1]

Hispaniae deinde utriusque legati aliquot populorum in senatum introducti.

[2] ii de magistratuum Romanorum avaritia superbiaque conquesti, nixi genibus ab senatu petierunt, ne se socios foedius spoliari vexarique quam hostis patiantur.

[3] cum et alia indigna quererentur, manifestum autem esset pecunias captas, L. Canuleio praetori, qui Hispaniam sortitus erat, negotium ¹ datum est, ut in singulos, a quibus Hispani pecunias repeterent, quinos recuperatores ex ordine senatorio daret patronosque, quos vellent, sumendi potestatem faceret.

[4] vocatis in curiam legatis recitatum est senatus consultum, iussique nominare patronos.

[5] quattuor nominaverunt, M. Porcium Catonem , P. Cornelium Cn. f. Scipionem , L. Aemilium L. f. Paulum , C. Sulpicium Gallum .

[6] cum M. Titinio primum, qui praetor A. Manlio M. Iunio consulibus in citeriore Hispania fuerat, recuperatores sumpserunt. bis ampliatus, tertio absolutus est reus.

[7] dissensio inter duarum ² provinciarum legatos est orta; citerioris Hispaniae populi M. Catonem et Scipionem, ulterioris L. Paulum et Gallum Sulpicium patronos sumpserunt.

[8] ad recuperatores adducti a citerioribus populis P. Furius Philus , ab ulterioribus M. Matienus ;

[9] ille Sp. Postumio Q. Mucio consulibus triennio ante, hic biennio prius L. Postumio M. Popilio consulibus praetor fuerat.

[10] gravissimis criminibus accusati ambo ampliatique; cum dicenda de integro causa esset, excusati exilii causa solum vertisse. Furius Praeneste, Matienus Tibur exulatum abierunt.

[11] fama erat prohiberi a patronis nobilis ac potentes conpellare, auxitque eam suspicionem Canuleius praetor, quod omissa ea re dilectum habere instituit, dein repente ³ in provinciam abiit, ne plures ab Hispanis vexarentur.

[12] ita praeteritis silentio oblitteratis in futurum tamen consultum ab senatu Hispanis, quod impetrarunt, ne frumenti aestimationem magistratus Romanus haberet neve cogeret vicensumas vendere ⁴ Hispanos, quanti ipse vellet, et ne praefecti in oppida sua ad pecunias cogendas imponerentur.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 43.2 focus

[1]

Then were introduced to the senate ambassadors from the several states of both the Spains;

[2] these, after complaining of the avarice and pride of the Roman magistrates, fell on their knees, and implored the senate not to suffer them, who were their allies, to be more cruelly plundered and ill-treated than their enemies.

[3] When they complained of other unworthy treatment, and it was also evident that money had been extorted from them; a charge was then given to Lucius Canuleius, the praetor, to whom Spain was allotted, to appoint out of the senatorian order five judges delegate, to try each person from whom the Spaniards might demand back their money; and that they should give the latter power to choose whomsoever they pleased as patrons.

[4] The ambassadors being called into the senate-house, the decree of the senate was read aloud, and they were ordered to name their protectors.

[5] They named four, —Marcus Porcius Cato, Publius Cornelius Scipio, son of Cneius, Lucius Aemilius Paullus, son of Lucius, and Caius Sulpicius Gallus. The judges entered on the business with the case of Marcus Titinius first, who had been praetor in Hither Spain, in the consulate of Aulus Manlius and Marcus Junius.

[6] The cause was twice adjourned, and on the third hearing the accused was acquitted.

[7] A dispute took place between the ambassadors of the two provinces; and the states of Hither Spain chose for their patrons Marcus Cato and Scipio; those of Farther Spain, Lucius Paullus and Sulpicius Gallus. Publius Furius Philus and Marcus Matienus were brought before the judges, the former by the states of the Hither province, and the latter by those of the Farther;

[8] the former of whom had been praetor, three years before, in the consulate of Spurius Postumius and Quintus Mucius; and the latter, two years before, when Lucius Postumius and Marcus Popilius were consuls.

[9] Both, being accused of most heinous crimes, were remanded; but when the cause was about to be pleaded anew, it was represented on their behalf that they had quitted the country as voluntary exiles.

[10] Furius had gone to Praeneste, Matienus to Tibur, to live in exile.

[11] There was a report that the plaintiffs were not suffered, by their patrons, to bring charges against people of high birth and power; and Canuleius the praetor increased this suspicion, for having neglected that business, he applied himself to the enlisting of soldiers. Then he suddenly went off to his province, lest more might be accused by the Spaniards.

[12] Although past transactions were thus consigned to silence, yet the senate deliberated for the interest of the Spaniards in future, for they passed an order that the Roman magistrates should not have the valuation of the corn; nor should they compel the Spaniards to compound for their twentieths at such prices as they pleased; and that officers should not be placed in command of their towns for the purpose of exacting money.

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.) — 43.2 focus

[1]

After this a deputation from the natives of both the provinces of Spain were admitted to an audience of the senate.

[2] They complained of the rapacity and oppression of the Roman magistrates, and falling on their knees, begged the senate not to suffer the allies of Rome to be robbed and ill-treated in a more shameful manner than even their enemies were treated.

[3] There were other indignities that they complained of, but the evidence bore chiefly upon the illegal seizure of money.

[4] L Canuleius, to whom Spain had been allotted, was instructed to appoint five recuperatores drawn from the senatorial order to try each of the individuals from whom the Spaniards demanded redress, and also to give the complainants permission to take whomsoever they pleased as counsel.

[5] The deputation were called into the senate-house and the decree was read over to them, and they were told to nominate their counsel. They named four-M. Porcius Cato, P. Cornelius Scipio, L. Aemilius Paulus, and C. Sulpicius Gallus.

[6] The recuperatores commenced with the case of M. Titinius, who had been praetor in Hither Spain during the consulship of A. Manlius and M. Junius. The case was twice adjourned, at the third sitting the defendant was acquitted.

[7] There was a difference between the deputies, those from Hither Spain chose M. Cato and Scipio as their counsel, those from Further Spain, L. Paulus and Gallus Sulpicius. The former brought P. Furius Philus, the latter M. Matienus before the recuperatores.

[8] Philus had been praetor three years previously and M. Matienus in the following year.

[9] Both were charged with very serious offences; the proceedings were adjourned and when the whole case was to be gone into again it was pleaded on behalf of the defendants that they had gone into voluntary exile, Furius to Praeneste and Matienus to Tibur.

[10] There was a rumour that the complainants were prevented by their counsel from summoning members of the nobility and men of influence, and these suspicions were increased by the action of Canuleius.

[11] He dropped the business altogether and began to levy troops, then he suddenly went off to his province to prevent any more people from being worried by the Spaniards.

[12] Although the past was thus silently effaced, the senate provided for the future by acceding to the demand of the Spaniards and making a regulation that the Roman magistrate should not have the valuing of the corn, nor compel the Spaniards to sell their twentieths at whatever price he chose, and also that officers should not be forced upon their towns for the collection of taxes and tribute.

Notes on the current edition

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

1. On the overbearing attitude of Roman officials at this time, cf. below, vii-viii.

2. The two provinces recognized in 197 B.C. (XXXII. xxviii. 11 and the note) were combined during this war in order to leave one praetor free to command the fleet ( 171 B.C. , XLII. xxxi. 9; presumably in 170; 168, XLIV. xvii. 9; in 167, the two provinces were again separated, XLV. xvi. 1).

3. Sometimes such a board was chosen by the parties to the case, either from their own number, or from a panel proposed by the magistrate in charge, but several inscriptions ( e.g., C.I.L. 2 I. 585, p. 460. xxxiv) mention choice of the arbiters by the magistrate. Recuperatores (literally

recoverers

) were usually concerned with a claim involving Romans vs. foreigners. As foreigners, the Spaniards had to be represented by Roman advocates.

4. He had benefited the province in 195 B.C. by establishing order and developing mining, cf. XXXIV. xxi. A speech in this case seems to have been once extant under the title Pro Hispanis de frumento (Charisius II. 198. 224 Keil) in which Cato attacked Publius Furius Philus, praetor of Nearer Spain in 174 B.C. (XLI. xxi. 3, cf. below, 8) for unjust valuation of grain received as tribute (Asconius on Cicero Divinatio in M. Caecilium 66, Cato accusavit . . . P. Furium pro iisdem ( Lusitanis) propter iniquissimam aestimationem frumenti ), cf. below, 12.

5. B.C. 171

6. Scipio had been praetor in Farther Spain in 193 B.C. (XXXIV. xliii. 7 records his assignment, XXXV. i. 3-12, his exploits), and Paulus had been in Farther Spain as praetor and propraetor from 191 to 189 B.C. (his assignment in XXXVI. ii. 6; his activities, XXXVII. lvii. 5-6).

7. In 178 B.C. ; Titinius was also in Spain the following two years (XLI. ix. 3, xv. 11, xxvi. 1). A namesake was City Praetor in 178.

8. This is the earliest known trial of an official thus accused by provincials; previous complaints of like nature (cf. XXIX. xvi-xix, XXXIX. iii. 1-3, below, v) had been adjusted by the senate directly, or through the consuls.

9. Cf. XLI. xxviii. 5, where the first name is given as Gaius.

10. Polybius VI. xiv. 7 mentions these towns and Naples as asyla for exiles, and praises as a form of Roman moderation the institution of voluntary exile. In these private suits the exile was apparently not made official by the

ban of fire and water,

as in cases prosecuted by the state, cf. XXVI. iii. 12. Exiles automatically surrendered their Roman citizenship and took up that of the town in which they took refuge.

11. B.C. 171

12. Roman officials are forbidden to demand an arbitrary money-equivalent for grain furnished them, perhaps for their own use and that of their army; nor are they arbitrarily to set the price paid for the grain which the Spaniards were required to sell to the Romans, in order to help maintain the flow of grain to Italy. Whereas in Sicily tithes of grain constituted a tax traditional in the region and continued by the Romans, in Spain the tax ( stipendium ) paid to the Romans as overlords seems to have been in money, or perhaps in precious metals; the twentieths here mentioned were not a tax, but a compulsory sale, like the second tithe which might on occasion be required of Sicily. The size of the quota perhaps reflects the lesser fertility of Spain. Special levies of money and grain from Spain are mentioned in XXIX. iii. 5 (a punitive levy), XXX. iii. 2 (a war-levy for the army in Africa) and XXX. xxvi. 6 (perhaps the regular tax).

Titus Livius (Livy) Ab urbe condita 43.2

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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