Titus Livius (Livy), Ab urbe condita, ed. Robert Seymour Conway, ed. Charles Flamstead Walters, ed. Stephen Keymer Johnson, 4.44

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[1]

tribunicia primum comitia sunt habita. ¹ creati tribuni consulari potestate omnes patricii, L. Quinctius Cincinnatus tertium ² L. Furius ³ Medullinus iterum M. Manlius ⁴ A. Sempronius Atratinus.

[2] hoc tribuno comitia quaestorum habente petentibusque inter aliquot plebeios filio A. Antisti ⁵ tribuni plebis et fratre alterius tribuni plebis Sex. pompili , nec potestas nec suffragatio horum valuit quin quorum patres avosque consules viderant eos nobilitate praeferrent.

[3] furere omnes tribuni plebi, ante omnes Pompilius Antistiusque, repulsa suorum accensi. quidnam id rei esset? ⁶

[4] non suis beneficiis, non patrum iniuriis, non denique ius usurpandi ⁷ libidine, cum liceat quod ante non licuerit, si non tribunum militarem, ne quaestorem quidem quemquam ex plebe factum!

[5] non valuisse patris pro filio, fratris pro fratre preces, tribunorum plebis, potestatis sacrosanctae ad auxilium libertatis creatae. fraudem profecto in re esse, et A. Sempronium comitiis plus artis adhibuisse quam fidei. eius iniuria queri suos honore deiectos.

[6] itaque cum in ipsum et innocentia tutum et ⁸ magistratu, in quo tunc tune erat, impetus fieri non posset, flexere iras in C. Sempronium, patruelem Atratini, eique ob ignominiam Volsci belli adiutore collega M. Canuleio diem dixere.

[7] subinde ab iisdem tribunis mentio in senatu de agris dividendis inlata est, cui actioni semper acerrime C. Sempronius restiterat, ratis, ⁹ id quod erat, aut deposita causa leviorem futurum apud patres reum aut perseverantem sub iudicii tempus plebem offensurum.

[8] adversae invidiae obici maluit et suae nocere causae quam publicae deesse;

[9] stetitque in eadem sententia ne qua largitio, cessura in trium gratiam tribunorum, fieret; nec tum agrum plebi, sed sibi invidiam quaeri; se quoque subiturum eam tempestatem forti animo; nec senatui tanti se civem aut quemquam alium debere esse, ut in parcendo uni malum publicum fiat.

[10] nihilo demissiore animo, cum dies venit, causa ipse ¹⁰ pro se dicta, nequiquam omnia expertis patribus ut mitigarent plebem, quindecim milibus aeris damnatur.

[11] eodem anno Postumia virgo Vestalis de incestu causam dixit crimine innoxia, ab suspicione ¹¹ propter cultum amoeniorem ingeniumque liberius quam ¹² virginem decet parum abhorrens.

[12] eam¹³ ampliatam, deinde absolutam pro collegii sententia pontifex maximus abstinere iocis colique sancte potius quam scite iussit. eodem anno a Campanis Cumae, quam Graeci tum urbem tenebant, capiuntur.

[13] insequens annus tribunos militum consulari potestate habuit Agrippam Menenium Lanatum P. Lucretium Tricipitinum Sp. Nautium Rutulum ¹⁴ ,

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.) — 4.44 focus

[1] tribunicia primum comitia sunt habita. creati tribuni consulari potestate ones omnes patricii, L. Quinctius Cincinnatus tertium, L. Furius Medullinus iterum, M. Manlius, A. Sempronius Atratinus.

[2] hoc tribuno comitia quaestorum habente petentibusque inter aliquot plebeios filio A. Antisti tribuni plebis et fratre alterius tribuni plebis Sex. Pompili nec potestas nec suffragatio horum valuit, quin, quorum patres avosque consules viderant, eos nobilitate praeferrent. furere omnes tribuni plebi,

[3] ante omnes Pompilius Antistiusque repulsa suorum accensi;

[4] quidnam id rei esse? non suis beneficiis, non patrum iniuriis, non denique uiris usurpandi libidine, cum liceat, quod ante non licuerit, si non tribunum militarem, ne quaestorem quidem quemquam ex plebe factum?

[6] et innocentia tutum et magistratu, in quo tunc erat, impetus fieri non posset, flexere iras in C. Sempronium, patruelem Atratini, eique ob ignominiam Volsci belli adiutore collega M. Canuleio diem dixere.

[7] subinde ab iisdem tribunis mentio in senatu de agris dividendis inlata est, cui actioni semper acerrime C. Sempronius restiterat, ratis, id quod erat, aut deposita causa leviorem futurum apud patres reum aut perseverantem sub iudicii tempus plebem offensurum.

[8] adversae invidiae obici maluit et suae nocere causae quam publicae deesse;

[9] stetitque in eadem sententia, ne qua largitio cessura in trium gratiam tribunorum fieret; nec tur tum agrum plebi, sed sibi invidiam quaeri; se quoque subiturum ear eam tempestatem forti animo; nec senatui tanti se civem aut quemquam aliurn alium debere esse, ut in parcendo uni malum publicum fiat.

[10] nihilo demissiore animo, cum dies venit, causa ipse pro se dicta nequiquam omnia expertis patribus, ut mitigarent plebem, quindecim milibus aeris damnatur.

[11] eodem anno Postumia virgo Vestalis de incestu causam dixit crimine innoxia, ab suspicione propter cultum amoeniorem ingeniumque liberius, quam virginem decet, parum abhorrens.

[12] ear eam ampliatam, deinde absolutam pro collegii sententia pontifex maximus abstinere iocis colique sancte potius quam scite iussit. eodem anno a Campanis Cumae, quam Graeci tur tum urbem tenebant, capiuntur.

[13] insequens annus tribunos militum consulari potestate habuit Agrippam Menenium Lanatum, P. Lucretium Tricipitinum, Sp. Nautium Rutilum.

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).) — 4.44 focus

[1]

tribunicia primum comitia sunt habita. ¹ creati tribuni consulari potestate omnes patricii, L. Quinctius Cincinnatus tertium ² L. Furius ³ Medullinus iterum M. Manlius ⁴ A. Sempronius Atratinus.

[3] furere omnes tribuni plebi, ante omnes Pompilius Antistiusque, repulsa suorum accensi. quidnam id rei esset? ⁶

[4] non suis beneficiis, non patrum iniuriis, non denique ius usurpandi ⁷ libidine, cum liceat quod ante non licuerit, si non tribunum militarem, ne quaestorem quidem quemquam ex plebe factum!

[8] adversae invidiae obici maluit et suae nocere causae quam publicae deesse;

[10] nihilo demissiore animo, cum dies venit, causa ipse ¹⁰ pro se dicta, nequiquam omnia expertis patribus ut mitigarent plebem, quindecim milibus aeris damnatur.

[11] eodem anno Postumia virgo Vestalis de incestu causam dixit crimine innoxia, ab suspicione ¹¹ propter cultum amoeniorem ingeniumque liberius quam ¹² virginem decet parum abhorrens.

[13] insequens annus tribunos militum consulari potestate habuit Agrippam Menenium Lanatum P. Lucretium Tricipitinum Sp. Nautium Rutulum ¹⁴ ,

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)) — 4.44 focus

[1]

The election of tribunes was held first. ¹ The tribunes with consular powers who were chosen were all patricians, namely Lucius Quinctius Cincinnatus (for the third time), Lucius Furius Medullinus (for the second time), Marcus Manlius, and Aulus Sempronius Atratinus.

[2] The last-named held the election for quaestors. Among the several plebeians who sought the place were the son of a plebeian tribune, named Aulus Antistius, and the brother of another, Sextus Pompilius. Yet neither the authority nor the support of these men could prevent the people from giving the preference, because of their noble birth, to men whose fathers and grandfathers they had seen consuls.

[3] This made all the tribunes furious, but more than all the rest Pompilius and Antistius, who were incensed at the defeat of their kinsmen.

[4] What in the world, they asked, was the meaning of this? Had neither their own services nor the wrongs which the patricians had inflicted, nor even the pleasure of exercising a right —since what had before been unlawful was now permitted —availed to elect a single quaestor from the plebs, let alone a military tribune?

[5] Of no avail had been a father's entreaties for his son, a brother's for his brother, not though they had been tribunes of the plebs, and invested with an inviolable office, created for the protection of liberty. There was fraud in the matter, beyond question, and Aulus Sempronius had employed more artifice than honesty in the election.

[6] It was by his wrong-doing, they complained, that their relations had been defeated for office. And so, since they could not attack the man himself, secure ² as he was not only in his innocence but in the magistracy which he was filling, they turned their anger upon Gaius Sempronius, the cousin of Atratinus; and prosecuted him, with the co-operation of their colleague Marcus Canuleius, on the score of the humiliation suffered in the Volscian war.

[7] The same tribunes frequently mentioned in the senate the division of the public lands, a measure which Gaius Sempronius had always stoutly resisted, for they reckoned —and rightly —that either he would abandon the cause and his defence would become a matter of less concern to the patricians, or that persevering in his attitude he would give offence, up to the moment of his trial, to the plebeians.

[8] He chose to face the storm of unpopularity and to injure his own cause rather than be found wanting in that of the nation; and he held fast to the same opinion, that there should be no largess, for that would redound to the advantage of the three tribunes.

[9] It was not land for the plebs they were then looking for, he declared, but hatred for himself; he was as ready as another to confront that tempest with a courageous heart; nor ought the senate to set so high a value upon himself or any other citizen that their tenderness for him should bring about a general disaster.

[10] His spirit was not a whit less firm when the day of trial came.

[11] He pleaded his own cause; the senators exerted in vain every means of mollifying the plebs; and he was condemned to pay a fine of fifteen thousand asses.

The same year a Vestal virgin named Postumia was put on trial for unchastity.

[12] She was innocent of the charge, though open to suspicion because of her pretty clothes and the unmaidenly freedom of her ³ wit. After she had been remanded and then acquitted, the pontifex maximus, in the name of the college, commanded her to abstain from jests, and to dress rather with regard to sanctity than coquetry.

[13] In this same year Cumae, a city which the Greeks then held, was captured by the Campanians.

The ensuing year had as military tribunes with consular powers Agrippa Menenius Lanatus, Publius Lucretius Tricipitinus, and Spurius Nautius Rutulus.

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 4.44 focus

[1]

The election of tribunes was first held. There were chosen tribunes with consular power, Lucius Quintius Cincinnatus a third time, Lucius Furius Medullinus a second time, Marcus Manlius, Aulus Sempronius Atratinus.

[2] On the last-named tribune presiding at the election of quaestors, and among several other plebeians a son of Antistius, a plebeian tribune, and a brother of Sextus Pompilius, also a tribune of the commons, becoming candidates, neither the power nor interest of the latter at all availed so as to prevent those, whose fathers and grandfathers they had seen consuls, from being preferred for their high birth.

[3] All the tribunes of the commons became enraged, above all Pompilius and Antistius were incensed at the rejection of their relatives.

[4] " What could this mean? that neither through their own kindnesses, nor in consequence of the injurious treatment of the patricians, nor even through the natural desire of making use of their new right, as that is now allowed which was not allowed before, was any individual of the commons elected if not a military tribune, not even a quaestor.

[5] That the prayers of a father in behalf of a son, those of one brother in behalf of another, had been of no avail, though proceeding from tribunes of the people, a sacrosanct power created for the support of liberty. There must have been some fraud in the matter, and Aulus Sempronius must have used more of artifice at the elections than was compatible with honour.

[6] They complained that by the unfairness of his conduct their friends had been kept out of office. Accordingly as no attack could be made on him, secured by his innocence and by the office he then held, they turned their resentment against Caius Sempronius, uncle to Atratinus; and, with the aid of their colleague Marcus Cornelius, they entered a prosecution against him on account of the disgrace sustained in the Volscian war.

[7] By the same tribunes mention was frequently made in the senate concerning the division of the lands, (which scheme Caius Sempronius had always most vigorously opposed,) they supposing, as was really the case, that the accused, should he give up the question, would become less valued among the patricians, or by persevering up

[8] to the period of trial he would give offence to the commons.

[9] He preferred to expose himself to the torrent of popular prejudice, and to injure his own cause, than to be wanting to the public cause; and he stood firm in the same sentiment,

that no largess should be made, which was sure to turn to the benefit of the three tribunes; that it was not land was sought for the people, but odium for him.

[10]

That he too would undergo that storm with a determined mind; nor should either himself, nor any other citizen, be of so much consequence to the senate, that in showing tenderness to an individual, a public injury may be done.

When the day of trial came, he, having pleaded his own cause with a spirit by no means subdued, is condemned in a fine of fifteen thousand asses, though the patricians tried every means to make the people relent.

[11] The same year Postumia, a Vestal virgin, is tried for a breach of chastity, though guiltless of the charge;

[12] having fallen under suspicion in consequence of her dress being too gay and her manners less reserved than becomes a virgin, not avoiding the imputation with sufficient care. The case was first deferred, she was afterwards acquitted; but the chief pontiff, by the instruction of the college, commanded her to refrain from indiscreet mirth, and to dress with more regard to sanctity than elegance.

[13] In the same year Cumae, a city which the Greeks then occupied, was taken by the Campanians.

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.) — 4.44 focus

[1] The election of consular tribunes was the first to be held. They were all patricians; L. Quinctius Cincinnatus, for the third time, L. Furius Medullinus, for the second, M. Manlius, and A. Sempronius Atratinus.

[2] The last-named conducted the election of the quaestors. Amongst other plebeian candidates were the son of Antistius, tribune of the plebs, and a brother of Sextus Pompilius, another tribune. Their authority and interest were not, however, strong enough to prevent the voters from preferring on the ground of their high birth those whose fathers and grandfathers they had seen in the consul's chair.

[3] All the tribunes of the plebs were furious, Pompilius and Antistius, more especially, were incensed at the defeat of their relations.

[4] “What,” they angrily exclaimed, “is the meaning of all this? In spite of our good offices, in spite of the wrongs done by the patricians, with all the freedom you now enjoy of exercising powers you did not possess before, not a single member of the plebs has been raised to the quaestorship, to say nothing of the consular tribuneship!

[5] The appeals of a father on behalf of a son, of a brother on behalf of a brother, have been unavailing, though they are tribunes, invested with an inviolable authority to protect your liberties. There has certainly been dishonesty somewhere; A. Sempronius has shown more adroitness than straightforwardness.”

[6] They accused him of having kept their men out of office by illegal means. As they could not attack him directly, protected as he was by his innocence and his official position, they turned their resentment against Caius Sempronius, the uncle of Atratinus, and having obtained the support of their colleague, M. Canuleius,

[7] they impeached him upon the ground of the disgrace incurred in the Volscian war. These same tribunes frequently mooted the question in the senate of a distribution of the public domain, a proposal which C. Sempronius always stoutly resisted.

[8] They thought, and rightly as the event proved, that when the day of trial came, he would either abandon his opposition and so lose influence with the patricians, or by persisting in it give offence to the plebeians.

[9] He chose the latter, and preferred to incur the odium of his opponents and injure his own cause than prove false to the cause of the State. He insisted that “there should be no grants of land, which would only increase the influence of the three tribunes; what they wanted now was not land for the plebs, but to wreak their spite upon him.

[10] He, like others, would meet the storm with a stout heart; neither he nor any other citizen ought to stand so high with the senate that any leniency shown to an individual might be disastrous to the commonwealth.”

[11] When the day of trial came there was no lowering of his tone, he undertook his own defence, and though the patricians tried every means to soften the plebeians, he was condemned to pay a fine of 15,000 “ ases.” In this same year Postumia, a Vestal virgin, had to answer a charge of unchastity.

[12] Though innocent, she had given grounds for suspicion through her gay attire and unmaidenly freedom of manner. After she had been remanded and finally acquitted, the Pontifex Maximus, in the name of the whole college of priests, ordered her to abstain from

[13] frivolity and to study sanctity rather than smartness in her appearance. In the same year, Cumae, at that time held by the Greeks, was captured by the Campanians.

Notes on the current edition

Ab urbe condita

1. A.U.C. 334-335

2. tertium s: tertio ( or -cio) W .

3. L. Furius Sigonius ( chap. xxv. § 5, and chap. xxv. § 1, and C.I.L. i2, p. 112): sextus ( or sex.) furius W .

4. Manlius s ( C.I.L. ibid. ): mallius W

5. A. Antisti Luterbacher : antisti ( or -ii) W: antistiit D.

6. esset s: esset quod W .

7. ius usurpandi karsten : usurpandi W .

8. A.U.C. 334-335

9. ratis s: ratus W .

10. causa ipse A 2 ( or A 1) s: causa ipsa U: causa ipsa ipse PEHDLA : causa ipse sa ipse M.

11. ab suspicione Gronovius : ob suspicionem (-tionem RD ) W .

12. A.U.C. 334-335

13. eam M 2: eam am M: famam ( omitted by P ) W.

14. Rutulum Conway (cf. chap. xxxv. § 4): rutilium MA 2: omitted by W.

Titus Livius (Livy) Ab urbe condita 4.44

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

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