Titus Livius (Livy), Ab urbe condita, ed. Robert Seymour Conway, ed. Charles Flamstead Walters, ed. Stephen Keymer Johnson, 3.64

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[1]

haec victoria tribunorum plebisque prope in haud salubrem luxuriam vertit conspiratione inter tribunos facta ut iidem tribuni reficerentur, et quo sua minus cupiditas emineret, consules quoque continuarent magistratum.

[2] consensum patrum causabantur, quo per contumeliam consulum iura tribunorum plebis labefactata ¹ essent.

[3] quid futurum nondum firmatis legibus, si novos tribunos per ² factionis suae ³ consules adorti essent? non enim semper Valerios Horatiosque consules fore, qui libertati plebis suas opes postferrent.

[4] forte quadam utili ad tempus ut comitiis praeesset potissimum M. Duillio sorte evenit, viro prudenti et ex continuatione magistratus invidiam imminentem cernenti.

[5] qui cum ex veteribus tribunis negaret se ullius rationem habiturum, pugnarentque collegae ut liberas tribus in suffragium mitteret aut concederet sortem comitiorum collegis, habituris e lege potius comitia quam ex voluntate patrum,

[6] iniecta contentione Duillius consules ad subsellia accitos cum interrogasset quid de comitiis consularibus in animo haberent, respondissentque se novos consules creatures, auctores populares sententiae haud popularis ⁴ nactus in contionem cum iis processit.

[7] ubi cum consules producti ad populum interrogatique, si eos populus Romanus, memor libertatis per illos receptae domi, memor militiae rerum ⁵ gestarum, consules iterum faceret, quidnam facturi essent,

[8] nihil sententiae suae mutassent, conlaudatis consulibus quod perseverarent ad ultimum dissimiles decemvirorum esse, comitia habuit; et quinque tribunis plebi creatis cum prae studiis aperte petentium novem tribunorum alii candidati tribus non ⁶ explerent, concilium dimisit nec deinde comitiorum causa habuit.

[9] satisfactum legi aiebat, quae numero nusquam praefinito tribuni modo ut relinquerentur sanciret, et ab iis qui creati essent cooptari collegas 10 iuberet; recitabatque rogationis carmen, in quo sic erat: ⁷

si tribunos plebei decem rogabo; si qui vos minus hodie decem tribunos plebei feceritis, ⁸ tum ut ii ⁹ quos hi sibi collegas cooptassint ¹⁰ legitimi eadem lege tribuni plebei sint ut illi quos hodie tribunos plebei feceritis.

[10] Duillius cum ad ultimum perseverasset negando quindecim tribunos plebei rem publicam habere posse, victa collegarum cupiditate pariter patribus plebeique acceptus magistratu abiit.

Ab urbe condita. Titus Livius (Livy). ed. Robert Seymour Conway, ed. Charles Flamstead Walters, ed. Stephen Keymer Johnson. Medford, MA. .

Sponsored by Perseus Project, Tufts University.

Funding provided by The National Endowment for the Humanities.

Current edition Perseus

Ab urbe condita (Latin) (Conway, Robert Seymour; Walters, Charles Flamstead; Johnson, Stephen Keymer, editors. Oxford: Oxford University Press, 1914-1935. (Oxford Classical Texts))

Editions (2)

Ab urbe condita Perseus (Pars I-IV, Libri I-XL. Editio Stereotypica. Weissenborn, Wilhelm; Mueller, Moritz, editors. Leipzig: Teubner, 1884-1911.) — 3.64 focus

[1] haec victoria tribunorum plebisque prope in baud haud salubrem luxuriam vertit conspiratione inter tribunos facta, ut iidem tribuni reficerentur et, quo sua minus cupiditas emineret, consules quoque continuarent magistratum.

[2] consensum patrum causabantur, quo per contumeliam consulum iura tribunorum plebis labefactata essent.

[3] quid futurum nondum firmatis legibus, si novos tribunos per factionis suae consules adorti essent? non enim semper Valerios Horatiosque consules fore, qui libertati plebis suas opes postferrent.

[4] forte quadam utili ad tempus, ut comitiis praeesset, potissimum M. Duillio sorte evenit, viro prudenti et ex continuatione magistratus invidiam inminentem cernenti.

[5] qui cum ex veteribus tribunis negaret se ullius rationem habiturum pugnarentque collegae, ut liberas tribus in suffragium mitteret aut concederet sortem comitiorum collegis habituris e lege potius comitia quam ex voluntate patrum,

[6] iniecta contentione Duillius consules ad subsellia accitos cum interrogasset, quid de comitiis consularibus in animo haberent, respondissentque se novos consules creatures, auctores populares sententiae baud haud popularis nactus in contionem cum iis processit.

[7] ubi cum consules producti ad populum interrogatique, si eos populus Romanus, memor liberatis per illos receptae domi, memor militiae rerum gestarum, consules iterum faceret, quidnam facturi essent,

[8] nihil sententiae suae mutassent, conlaudatis consulibus, quod perseverarent ad ultimum dissimiles decemvirorum esse, comitia habuit; et quinque tribunis plebi creatis cum prae studiis aperte petentium novem tribunorum alii candidati tribus non explerent, concilium dimisit nec deinde comitiorum causa habuit.

[9] satisfactum legi aiebat, quae numero nusquam praefinito, tribuni modo ut relinquerentur, sanciret et ab iis, qui creati essent, cooptari collegas iuberet;

[10] recitabatque rogationis carmen, in quo est: “tribunos plebei decem rogabo; si qui vos minus hodie decem tribunos plebei feceritis, tum ut ii, quos hi sibi collegas cooptassint, legitimi eadem lege tribuni plebei sint, ut illi, quos hodie tribunos plebei feceritis.”

[11] Duillius cum ad ultimum perseverasset negando quindecim tribunos plebei rem publicam habere posse, victa collegarum cupiditate pariter patribus plebeique acceptus magistratu abiit.

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).) — 3.64 focus

[1]

[2] consensum patrum causabantur, quo per contumeliam consulum iura tribunorum plebis labefactata ¹ essent.

[4] forte quadam utili ad tempus ut comitiis praeesset potissimum M. Duillio sorte evenit, viro prudenti et ex continuatione magistratus invidiam imminentem cernenti.

[10] Duillius cum ad ultimum perseverasset negando quindecim tribunos plebei rem publicam habere posse, victa collegarum cupiditate pariter patribus plebeique acceptus magistratu abiit.

Translations (3)

History of Rome Perseus (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)) — 3.64 focus

[1]

This victory of the tribunes and the commons had nearly resulted in a dangerous abuse; for the tribunes conspired together to obtain their re-election, and, that their own ambition might be less conspicuous, to procure as well the return to office of the consuls.

[2] Their pretext was the solidarity of the patricians, which had operated, by injurious treatment of the consuls, to break down the authority of the tribunes of the plebs.

[3] What would happen if, ere the laws were firmly ¹ established, the new tribunes should be assailed through the agency of consuls belonging to the patricians' own party? For there would not always be consuls like Valerius and Horatius, who preferred the liberty of the plebs to their own interests.

[4] By a fortunate chance in this emergency the superintendence of the elections fell by lot to none other than Marcus Duillius, a far-seeing man who perceived that the re-election of the magistrates would be fraught with odium.

[5] But when he asserted that he would not consider the candidacy of any of the former tribunes, his colleagues vehemently insisted that he should receive the suffrages of the tribes without restriction, or else resign the presidency of the election to his fellow-tribunes, who would conduct the voting in accordance with the law rather than the desires of the patricians.

[6] A controversy having thus arisen, Duillius summoned the consuls before the benches of the tribunes and asked them what course they meant to pursue in the consular elections; and finding, by their replying that they should have new consuls chosen, that he had got in them popular supporters of his unpopular policy, he went with them before the assembly.

[7] When the consuls, on being there brought forth to the people and asked what they would do if the Roman People, mindful of their help in the recovery of liberty at

[8] home and remembering their military successes, should again elect them to office, declined to alter their determination, Duillius first praised the consuls for persisting to the end in their unlikeness to the decemvirs, and then held the election. And after five tribunes had been chosen and no other candidates obtained a majority of the ² tribes, on account of the eagerness with which the nine incumbents openly sought re-election, he dismissed the assembly, nor did he afterwards convene it for an election.

[9] He declared that the law had been satisfied, which, without anywhere prescribing the number, provided only that the tribunate should not be left vacant; and directed that those who had been elected should co-opt colleagues.

[10] He recited too the formula of the announcement, in which the following words occurred:

If I shall call for your suffrages for ten tribunes of the plebs; if for any reason you shall elect to-day less than ten tribunes of the plebs, then let those whom the elected tribunes co-opt as their colleagues be as legally tribunes of the plebs as those whom you shall this day have chosen to that office.

[11] Having persevered to the end in denying that the state could have fifteen plebeian tribunes, ³ and having defeated the cupidity of his colleagues, Duillius laid down his magistracy, approved by patricians and plebs alike.

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 3.64 focus

[1]

This victory of the tribunes and people was well nigh terminating in an extravagance of a by no means salutary tendency, a conspiracy being formed among the tribunes to have the same tribunes re-elected, and in order that their ambition might be the less conspicuous, to continue their office to the consuls.

[2] They pleaded, as a cause, the combination of the patricians by which the privileges of the commons were attempted to be undermined by the affronts thrown upon the consuls.

[3] What would be the consequence, before the laws are yet firmly established, if consuls should through their factions attack the new tribunes. For that Horatii an Valerii would not always be consuls, who would postpone their own interest to the liberty of the people.

[4] By some concurrence of circumstances, useful at the time, it fell by lot to Marcus Duilius above any one else to preside at the elections, a man of prudence, and who perceived the storm of public odium that was hanging over them from the continuance of their office.

[5] And when he stated that he would take no no- tice of the former tribunes, and his colleagues strenuously insisted that he should allow the tribes to be at liberty to vote, or should give up the office of presiding at the elections to his colleagues, who would hold the election according to law rather than according to the pleasure of the patricians;

[6] a contention being now excited, when Duilius had sent for the consuls to his seat and asked them what they contemplated doing with respect to the consular elections, and they answered that they would appoint new consuls, having found popular supporters of a measure by no means popular, he proceeded with them into the assembly.

[7] Where, when the consuls, being brought forward before the people, and asked, whether if the Roman people, mindful of their liberty recovered at home through them, mindful also of their military services, should again elect them consuls, what they would do, made no change in their sentiments;

[8] he held the election, after eulogizing the consuls, because they persevered to the last in being unlike the decemvirs; and five tribunes of the people being elected, when, through the zealous exertions of the nine tribunes who openly pushed their canvass, the other candidates could not make up the required number of tribes, he dismissed the assembly; nor did he hold one after for the purpose of an election.

[9] He said that he had fulfilled the law, which without any where specifying the number of tribunes, only enacted that tribunes should be left; and recommended that colleagues be chosen by those who had been elected.

[10] And he recited the terms of the law, in which (it is said,)

If I shall propose ten tribunes of the commons, if you elect this day less than ten tribunes of the people, then that those whom they may have chosen as colleagues for themselves be legitimate tribunes of the people, by the same law as those whom you have this day elected tribunes of the people.

[11] When Duilius persevered to the last, stating that the republic could not have fifteen tribunes of the people, after baffling the ambition of his colleagues, he resigned his office, being equally approved by the patricians and people.

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.) — 3.64 focus

[1] This victory of the tribunes and the plebs very nearly led to a dangerous abuse of power. A secret understanding was come to amongst the tribunes that they should all be reappointed and to prevent their factious purpose from being too noticeable they were to secure a continuance of the consuls in office also.

[2] They alleged as a reason the agreement of the senate to undermine the rights of the plebs by the slight they had cast on the consuls:

[3] “What,” they argued, “would happen if, before the laws were yet securely established, the patricians should attack fresh tribunes through consuls belonging to their own party?

[4] For the consuls would not always be men of the stamp of Valerius and Horatius, who subordinated their own interests to the liberty of the plebs.” By a happy chance it fell to the lot of M. Duillius to preside over the elections.

[5] He was a man of sagacity, and foresaw the obloquy that would be incurred by the continuance in office of the present magistrates. On his declaring that he would accept no votes for the former tribunes his colleagues insisted that he should either leave the tribes free to vote for whom they chose, or else resign the control of the elections to his colleagues who would conduct them according to law rather than at the will of the patricians.

[6] As a contention had arisen, Duillius sent for the consuls and asked them what they intended to do about the consular elections. They replied that they should elect fresh consuls. Having thus gained popular supporters for a measure by no means popular, he proceeded in company with them into the Assembly.

[7] Here the consuls were brought forward to the people and the question was put to them, “If the Roman people, remembering how you have recovered their liberty for them at home, remembering, too, your services and achievements in war, should make you consuls a second time, what do you intend to do?”

[8] They declared their resolution unchanged, and Duillius, applauding the consuls for maintaining to the last an attitude totally unlike that of the decemvirs, proceeded to hold the election. Only five tribunes were elected, for owing to the efforts of the nine tribunes in openly pushing their canvass, the other candidates could not get the requisite majority of votes.

[9] He dismissed the Assembly and did not hold a second election, on the ground that he had satisfied the requirements of the law, which nowhere fixed the number of tribunes, but merely enacted that the office of tribune should not be left vacant.

[10] He ordered those who had been elected to co-opt colleagues, and recited the formula which governed the case as follows: “If I require you to elect ten tribunes of the plebs; if on this day you have elected less than ten, then those whom they co-opt shall be lawful tribunes of the plebs by the same law, in like manner as those whom you have this day made tribunes of the plebs.”

[11] Duillius persisted in asserting to the last that the commonwealth could not possibly have fifteen tribunes, and he resigned office, after having won the goodwill of patricians and plebeians alike by his frustration of the ambitious designs of his colleagues.

Notes on the current edition

Ab urbe condita

1. labefactata DA3 s: labe factata A: labefacta tum V: labefactor F: labefacta (lebe- B) s.

2. A.U.C. 305

3. factionis suae Madvig M?: factionis sua V: factiones suas W.

4. populares sententiae haud popularis stroth : popularis sententiae haud popularis s: popularis sententiae haud populari V: popularis sententiae haud populares W ( but for baud f has auc, BL aut)

5. miiitiae rerum lac. Gronovius : militiae quae rerum V: militiae rerumque s.

6. A.U.C. 305

7. sic erat: " si Foster : sic erat H. J. Mueller: sic esset: " si Conway and Walters: est Madvig : si s.

8. feceritis V ?: fecerint iis ( or his or ii or ut or hi) W.

9. tum ut ii Weissenborn : tum uti W.

10. cooptassint Rhenanus : cooptassent V: cooptassent ut illi W: coaptassent ut illi U.

Titus Livius (Livy) Ab urbe condita 3.64

ed. Robert Seymour Conway, ed. Charles Flamstead Walters, ed. Stephen Keymer Johnson

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