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), 45.15

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[1]

Freedmen had been distributed among the four city tribes except for those who had a son over five years old (these they ordered to be reckoned where they

[2] had been enrolled at the census immediately previous), and those who had an estate or estates in the country valued at over thirty thousand sesterces . . . ¹ the privilege of enrolling was granted.

[3] Although this arrangement had become established in this way, Claudius said that it was impossible for a censor without a decree of the people to deprive any individual of his ballot, let alone a whole class.

[4] For if, said Claudius, the censor could move a man from his tribe, which was exactly what ordering him to change his tribe meant, he could remove him from all thirty-five tribes, that is, deprive him of citizenship and status as a free man-not determine where he should be enrolled but exclude him from enrolment. ²

[5] This was argued between the two censors; finally they resorted to the following solution: they drew lots publicly in the Hall of Liberty for one of the four city tribes, to which they ³ would consign all those who had been slaves.

[6] The lot of the Esquiline tribe was cast; Tiberius Gracchus announced that they had decided to enrol all freedmen in this tribe.

[7] This matter was regarded by the senate as greatly to the credit of the censors. Thanks were voted to Sempronius, for having persisted in a praiseworthy undertaking, and to Claudius, for not interfering.

[8] More men were removed from the senate than by former censors, and more also ordered to sell their horses. ⁴ All alike were by both censors removed from their tribe and made aerarii; nor was the disgrace of anyone who had been blacklisted by the one relieved by the other.

[9] When the censors asked that their term of a year and a half be prolonged in order that they might, as was customary, see to repairs to buildings and inspect the public works for which they had contracted, the request was vetoed by the tribune Gnaeus Tremellius, because he had not been chosen for the senate.

[10] In this same year Gaius Cicereius dedicated a temple to Moneta on the Alban Mount five years after he vowed it. ⁵ In this year Lucius Postumius Albinus was consecrated as flamen of Mars. ⁶

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.) — 45.15 focus

[1] in quattuor urbanas tribus discripti erant libertini praeter eos, quibus filius quinquenni maior ex se natus esset, —

[2] eos, ubi proxumo lustro censi essent, censeri iusserunt — et eos, qui praedium praediave rustica pluris sestertium triginta milium haberent, censendi ius factum est.

[3] hoc cum ita servatum esset, negabat Claudius suffragii lationem iniussu populi censorem cuiquam homini, nedum ordini universo adimere posse.

[4] neque enim, si tribu movere possit, quod sit nihil aliud quam mutare iubere tribum, ideo omnibus quinque et triginta tribubus emovere posse, id esse civitatem libertatemque eripere, non, ubi censeatur, finire, sed censu excludere.

[5] haec inter ipsos disceptata; postremo eo descensum est, ut ex quattuor urbanis tribubus unam palam in atrio Libertatis sortirentur, in quam omnes, qui servitutem servissent, conicerent.

[6] Esquilinae sors exiit: in ea Ti. Gracchus pronuntiavit libertinos omnis censeri placere.

[7] magno ea res honori censoribus apud senatum fuit. gratiae actae et Sempronio, qui in bene coepto perseverasset, et Claudio, qui non inpedisset.

[8] plures quam ab superioribus et senatu moti sunt et equos vendere iussi. omnes iidem ab utroque et tribu moti et aerarii facti; neque ullius, quem alter notarat, ab altero levata ignominia.

[9] petentibus, ut ex instituto ad sarta tecta exigenda et ad opera, quae locassent, probanda anni et sex mensum tempus prorogaretur, Cn. Tremellius tribunus, quia lectus non erat in senatum, intercessit.

[10] eodem anno C. Cicereius aedem Monetae in monte Albano dedicavit quinquennio post, quam vovit. flamen Martialis inauguratus est eo anno L. Postumius Albinus.

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).) — 45.15 focus

[1]

in quattuor urbanas tribus discripti ¹ erant libertini praeter eos, quibus filius quinquenni maior ex se natus ² esset,

[2] —eos, ubi proximo lustro censi essent, censeri iusserunt—et eos, qui praedium praediave rustica pluris sestertium triginta milium haberent, . . . ³ censendi ius factum est.

[3] hoc cum ita servatum esset, negabat Claudius suffragii lationem iniussu populi censorem cuiquam homini, nedum ordini universo adimere posse.

[4] neque enim, si tribu movere possit, ⁴ quod sit nihil aliud quam mutare iubere tribum, ideo omnibus quinque et triginta tribubus emovere posse, id est civitatem libertatemque eripere, non, ubi censeatur, finire, sed censu excludere.

[5] haec inter ipsos disceptata; postremo eo descensum est, ut ex quattuor urbanis tribubus unam palam in atrio Libertatis sortirentur, ⁵ in quam omnes, qui servitutem servissent, conicerent. esquilinae sors exiit; in ea Ti.

[6] Gracchus pronuntiavit libertinos omnis censeri placere.

[7] magno ea res honori censoribus apud senatum fuit. gratiae actae et Sempronio, qui in bene coepto perseverasset, et Claudio, qui non impedisset.

[8] plures quam ab ⁶ superioribus et senatu moti ⁷ sunt et equos vendere iussi. omnes iidem ab utroque et tribu moti ⁸ et aerarii facti; neque ullius, quem alter notarat, ⁹ ab ¹⁰ altero levata ignominia.

[9] petentibus , ut ex instituto ad sarta tecta exigenda et ad opera quae locassent probanda anni et sex mensum ¹¹ tempus prorogaretur, Cn. Tremellius tribunus, quia lectus non erat in senatum, intercessit.

[10] eodem anno C. Cicereius aedem Monetae in monte ¹² Albano dedicavit quinquennio post quam vovit. flamen Martialis inauguratus est eo anno L. Postumius Albinus.

Ab urbe condita libri, erklärt von M. Weissenborn Perseus (Weissenborn, W.; Müller, H. J., editors. Berlin: Weidmannsche Buchhandlung, 1873-1883.) — 45.15 focus

[1]

in quattuor urbanas tribus discripti erant libertini praeter ¹ eos, quibus filius quinquenni maior ex se natus esset, —

[2] eos, ubi proxumo lustro censi essent, censeri iusserunt—et eos, qui praedium praediave rustica pluris sestertium triginta milium haberent, —

[3] censendi ius factum est —. hoc cum ita servatum esset, negabat Claudius suffragii lationem iniussu populi censorem ² cuiquam homini, nedum ordini universo adimere posse.

[4] neque enim, si tribu movere posset, quod sit nihil aliud quam mutare iubere tribum, ideo omnibus quinque et triginta tribubus emovere posse, id est civitatem libertatemque eripere, non ubi censeatur finire, sed censu excludere.

[5] haec inter ipsos disceptata; postremo eo ³ descensum est, ut ex quattuor urbanis tribubus unam palam in atrio Libertatis sortirentur, in quam omnes, qui servitutem servissent, coicerent.

[6] Exquilinae sors exiit; in ea Ti. Gracchus pronuntiavit libertinos omnis censeri placere.

[7] magno ea res honori censoribus apud senatum fuit. gratiae actae et Sempronio, qui in bene coepto perseverasset, et Claudio, qui non inpedisset.

[8] plures quam ab superioribus et senatu moti sunt et equos vendere iussi. omnes iidem ab utroque et tribu moti et aerarii facti, neque ullius, quem alter notaret, ab altero levata ignominia.

[10] eodem anno C. Cicereius aedem Monetae in monte Albano dedicavit quinquennio post, quam vovit. flamen Martialis inauguratus est eo anno L. Postumius Albinus.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 45.15 focus

[1]

For by those censors the freed-men were enrolled in the four city tribes, excepting such as had a son more than five years old, who was their own offspring;

[2] all these the censors ordered to be surveyed in the tribe wherein they had been surveyed within the last five years; and such as had a farm, or farms, in the country, exceeding in value thirty thousand sesterces, ¹ were allowed the privilege of being included in the country tribes.

[3] Though this reservation was made in their favour, yet Claudius still insisted, that

a censor could not, without an order of the people, take away from any man, and much less from a whole class of men, the right of suffrage.

[4]

For though he can remove a man from his tribe, which is nothing more than ordering him to change it, yet he cannot, therefore, remove him out of all the thirty-five tribes; which would be to strip him of the rights of a citizen, and of liberty; not to fix where he should be surveyed, but to exclude him from the survey.

[5] These points were discussed by the censors, who at last came to this compromise:

[6] that out of the four city tribes, they should openly, in the court of the temple of Liberty, select one by lot, in which they should include all those who had ever been in servitude.

[7] The lot fell on the Aesquiline tribe; on which Tiberius Gracchus published an order, that all sons of freed-men should be surveyed in that tribe. This proceeding gained the censors great honour with the senate, who gave thanks to Sempronius for his perseverance in so good a design, and also to Claudius for not obstructing it.

[8] Greater numbers were expelled from the senate, and ordered to sell their horses, by them than by their predecessors. They both concurred in removing from their tribes and disfranchising the same persons, in every instance; nor did one of them remove any mark of disgrace inflicted by the other.

[9] They petitioned that, according to custom, the year and half's time allowed for enforcing the repairs of buildings, and for approving the execution of works contracted for, should be prolonged; but Cneius Tremellius, a tribune, protested against it, because he had not been chosen into the senate.

[10] This year Caius Cicereius dedicated a temple to Juno Monita on the Alban mount, five years after he had vowed it; and Lucius Postumius Albinus was inaugurated flamen of Mars.

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.) — 45.15 focus

[1]

The freedmen had been distributed amongst the four City tribes, those being excepted who had a son of their own more than five years old, those they ordered

[2] to be registered where they had been assessed at the last census, and also all who possessed a farm or farms more than 30,000 sesterces in value, these were given the right of being registered in the local tribes.

[3] Notwithstanding these reservations Claudius insisted that without an order of the people the suffrage could not be taken away from an individual freedman, much less from the order as a whole.

[4] For though the censor could remove him from his tribe, which simply meant ordering him to change his tribe, he had no power to remove him from all the thirty-five tribes; that meant depriving him of his citizenship and personal freedom, not deciding where he was to be registered, but excluding him from the list of citizens altogether.

[5] This was the question at issue between them. At last they made a compromise. Out of the four City tribes they decided to choose one by lot, publicly in the Hall of Liberty, into which all who had ever been slaves should be incorporated.

[6] The lot fell upon the Esquiline tribe, and Tiberius Gracchus announced that it was decided that all the freedmen should be enrolled in that tribe.

[7] This action of the censors was greatly appreciated by the senate, and a vote of thanks was accorded to Sempronius for his perseverance in carrying so wise a measure and to Claudius for not opposing it.

[8] More names were struck off the senatorial roll than had been the case under former censors, and also off the register of the equites. Both censors concurred in removing them from their tribes, and no one who was branded by the one had the stigma effaced by the other.

[9] They requested that their term of office-eighteen months-might be extended to allow of the repair of buildings and the completion of the works for which they had placed contracts, but a tribune of the plebs, Cneius Tremellius, interposed his veto because he had not been chosen for the senate.

[10] During this year C. Cicereius dedicated the temple of Monata on the Alban Mount, five years after he had vowed it, and L. Postumius Albinus was inaugurated as a Flamen of Mars.

Notes on the current edition

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

1. The lacuna may have contained mention of the country tribes, in which the freedmen with large holdings were allowed.

2. Claudius appears to be indulging in hyperbole, since the private rights of a free citizen were not in question.

3. B.C. 168

4. Previous instances of severity on the part of these censors are recorded in XLIII. xv. 6; xvi. 1; XLIV. xvi. 8.

5. His vow is recorded in XLII. vii. 1; his triumph, on the Alban Mount, in XLII. xxi. 7. Dio Cassius XXXIX. 20, records as a portent that

a small temple of Juno, on a certain table, facing the east, was turned to the north.

Perhaps the curious mention of a table ( trapeza ) is an error due to the association of Juno Moneta with monetary matters, of. the monetary associations of trapeze.

6. The death of the previous flamen is recorded in XLIV. xviii. 7.

Titus Livius (Livy) Ab urbe condita 45.15

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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