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Livy · History of Rome §38.60.1-38.60.10

Gracchus' Intervention and the Confiscation of Scipio's Property

Passage 1447 of 1770 · Latin

Summary

When the praetor Terentius was about to order the arrest of L. Scipio, the tribune Tiberius Gracchus intervened and ordered his release, praising Scipio's monumental services to Rome. Although Scipio's property was subsequently confiscated, no trace of the alleged royal money was found, turning public sympathy in his favor and sparking resentment against his accusers.

§38.60.1adversus ea Terentius praetor rogationem Petilliam et senatus consultum et iudicium de L. Scipione factum recitavit;
Against these arguments the praetor Terentius read out the Petillian law, the decree of the senate, and the judgment passed on L.
§38.60.2se, ni referatur pecunia in publicum, quae iudicata sit, nihil habere quod faciat, nisi ut prendi damnatum et in vincula duci iubeat. §38.60.3tribuni cum in consilium secessissent, paulo post C. Fannius ex sua collegarumque aliorum, praeter Gracchum, sententia pronuntiavit praetori non intercedere tribunos, quo minus sua potestate utatur.
Scipio;\n declaring that, unless the money which had been adjudged was paid into the treasury, he had no alternative but to order the condemned man to be arrested and taken to prison.\n When the tribunes had retired to deliberate, shortly afterwards C.
§38.60.4Ti. Gracchus ita decrevit, quo minus ex bonis L. Scipionis quod iudicatum sit redigatur, se non intercedere praetori;
Fannius, in accordance with his own opinion and that of his other colleagues, except Gracchus, announced that the tribunes would not interpose to prevent the praetor from exercising his authority.\n Tiberius Gracchus decreed as follows: that he would not interpose against the praetor to prevent the sum adjudged from being raised from the property of L.
§38.60.5L. Scipionem, qui regem opulentissimum orbis terrarum devicerit,
Scipio;\n but as for L.
§38.60.6imperium populi Romani propagaverit in ultimos terrarum fines, regem Eumenem, Rhodios, alias tot Asiae urbes devinxerit populi Romani beneficiis, plurimos duces hostium in triumpho ductos carcere incluserit, non passurum inter hostes populi Romani in carcere et vinculis esse, mittique eum se iubere. §38.60.7tanto adsensu auditum est decretum, adeo dimissum Scipionem laeti homines viderunt, ut vix in eadem civitate videretur factum iudicium.
Scipio, who had utterly defeated the richest king in the world,\n had extended the empire of the Roman people to the furthest boundaries of the earth, had bound King Eumenes, the Rhodians, and so many other cities of Asia by the benefits of the Roman people, and had shut up in prison very many enemy leaders led in triumph—he would not suffer him to be in prison and in chains among the enemies of the Roman people, and declared that he ordered him to be set free.\n This decree was heard with such great approval, and the people so joyfully saw Scipio set free, that it seemed as if the judgment had scarcely been passed in the same state.\n Then the praetor sent the quaestors to take public possession of the property of L.
§38.60.8in bona deinde L. Scipionis possessum publice quaestores praetor misit.
Scipio.
neque in iis non modo vestigium ullum comparuit pecuniae regiae, sed nequaquam tantum redactum est, quantae summae damnatus fuerat.
And not only did no trace of the royal money appear in it, but by no means was so large a sum raised as that for which he had been condemned.\n That money was contributed to L.
§38.60.9collata ea pecunia a cognatis amicisque et clientibus est L. Scipioni, ut, si acciperet eam, locupletior aliquanto esset, quam ante calamitatem fuerat. §38.60.10nihil accepit; quae necessaria ad cultum erant, redempta ei a proximis cognatis sunt; verteratque Scipionum invidia in praetorem et consilium eius et accusatores.
Scipio by his relations, friends, and clients, so that if he had accepted it, he would have been considerably richer than he had been before his misfortune.\n He accepted nothing; only what was necessary for his maintenance was bought back for him by his nearest relatives; and the unpopularity of the Scipios had turned against the praetor, his council, and the accusers.

Notes

  1. §38.60.2se — Indirect speech introduced by `recitavit` in the preceding section. The subject pronoun `se` refers to the praetor Terentius, and `nihil habere` is the main accusative with infinitive.
  2. §38.60.3quo minus sua potestate utatur — A clause with `quo minus` and the subjunctive, introduced by a verb of prevention or hindrance (here `non intercedere`, meaning "not to interpose veto so as to prevent"), expressing "from exercising his power."
  3. §38.60.6L. Scipionem — The accusative `L. Scipionem` at the beginning of §38.60.5, separated by a long relative clause introduced by `qui` (extending to `incluserit` in §38.60.6), serves as the direct object of the future infinitive `non passurum [esse]`, whose implied subject is Gracchus (`se`).
  4. §38.60.8possessum — The accusative of the supine in `-um`, accompanying the verb of motion `misit` to express purpose. This is a legal idiom often found in expressions like `ire possessum` ("to go to take possession").

Cite this passage

Livy, History of Rome §38.60.1-38.60.10. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:38.60.1-38.60.10

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