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Livy · History of Rome §4.48.1-4.48.16

Agrarian Proposal Blocked by Tribunician Veto

Passage 246 of 1770 · Latin

Summary

While the tribunes Maecilius and Metilius propose an agrarian law causing conflict with the patricians, the young Appius Claudius suggests using the veto of colleague tribunes. The senate successfully wins over several tribunes to veto the bill, forcing its withdrawal.

§4.48.1turbatores vulgi erant Sp. Maecilius quartum et M. Metilius tertium tribuni plebis, ambo absentes creati. §4.48.2ei cum rogationem promulgassent, ut ager ex hostibus captus viritim divideretur, magnaeque partis nobilium eo plebi scito publicarentur fortunae — §4.48.3nec enim ferme quicquam agri, ut in urbe alieno solo posita, non armis partum erat, nec quod venisset adsignatumve publice esset praeterquam plebs habebat — §4.48.4, atrox plebi patribusque propositum videbatur certamen.
The troublers of the populace were Spurius Maecilius, for the fourth time, and Marcus Metilius, for the third time, both elected as tribunes of the plebs in their absence. When they had published a proposal that the land captured from the enemy should be divided individual by individual, and that by this plebiscitum the fortunes of a large part of the patricians should be confiscated— for indeed there was scarcely any land which, as is natural in a city built on someone else's soil, had not been acquired by arms, nor was there any which had been sold or publicly assigned except what the plebs held— the proposed contest seemed terrible both to the plebs and to the patricians.
nec tribuni militum nunc in senatu, nunc in conciliis privatis principum cogendis viam consilii inveniebant, §4.48.5cum Ap. Claudius, nepos eius, qui decemvir legibus scribendis fuerat, §4.48.6minimus natu ex patrum concilio, dicitur dixisse vetus se ac familiare consilium domo adferre; proavum enim suum Ap. Claudium ostendisse patribus viam unam dissolvendae tribuniciae potestatis per collegarum intercessionem. §4.48.7facile homines novos auctoritate principum de sententia deduci, si temporum interdum potius quam maiestatis memor adhibeatur oratio. §4.48.8pro fortuna illis animos esse; ubi videant collegas principes agendae rei gratiam omnem ad plebem praeoccupasse nec locum in ea relictum sibi, §4.48.9haud gravate adclinaturos se ad causam senatus, per quam cum universe ordini, tum primoribus se patrum concilient. §4.48.10adprobantibus cunctis et ante omnes Q. Servilio Prisco, quod non degenerasset ab stirpe Claudia, conlaudante iuvenem negotium datur, ut, quos quisque posset ex collegio tribunorum, ad intercessionem perlicerent.
Nor did the military tribunes find a way of counsel, now in the senate, now in calling private meetings of the leading men, when Appius Claudius, the grandson of him who had been a decemvir for writing the laws, the youngest in years from the council of the patricians, is said to have stated that he brought from home an old and family counsel; for his great-grandfather, Appius Claudius, had shown the patricians the only way of breaking the tribunician power through the veto of their colleagues. New men were easily led away from their opinion by the authority of the leading men, if sometimes speech were employed mindful of the times rather than of dignity. Their minds were in proportion to their fortune; when they saw that their leading colleagues had pre-occupied all the gratitude of the plebs in carrying out the business, and that no room was left for themselves in it, they would incline not unwillingly to the cause of the senate, through which they might win favor for themselves both with the order as a whole and with the chief of the patricians. While all approved, and before everyone Quintus Servilius Priscus, praising the young man because he had not degenerated from the Claudian stock, the task was given that each should entice to veto whomsoever they could from the college of tribunes.
misso senatu prensantur ab principibus tribuni. §4.48.11suadendo, monendo pollicendoque gratum id singulis privatim, gratum universo senatui fore sex ad intercessionem comparavere. §4.48.12posteroque die cum ex composito relatum ad senatum esset de seditione, quam Maecilius Metiliusque largitione pessimi exempli concirent, §4.48.13eae orationes a primoribus patrum habitae sunt, ut pro se quisque iam nec consilium sibi suppetere diceret nec se ullam opem cernere aliam usquam praeterquam in tribunicio auxilio. in eius potestatis fidem circumventam rem publicam, tamquam privatum inopem, confugere. §4.48.14praeclarum ipsis potestatique esse non ad vexandum senatum discordiamque ordinum movendam plus in tribunatu virium esse quam ad resistendum inprobis collegis. §4.48.15fremitus deinde universi senatus ortus, cum ex omnibus partibus curiae tribuni appellarentur.
The senate having been dismissed, the tribunes were canvassed by the leading men. By persuading, admonishing, and promising that this would be pleasing to each privately and pleasing to the entire senate, they secured six for the veto. And on the following day, when by agreement a report had been made to the senate concerning the sedition which Maecilius and Metilius were stirring up by a distribution of the worst example, such speeches were made by the leading patricians that each for himself now said that he had no plan left, nor did he see any other help anywhere except in the tribunician assistance; that the commonwealth, beset on all sides, was fleeing to the protection of that power, just like a helpless private citizen. It was a glorious thing for themselves and for their power that there was no more strength in the tribunate for harassing the senate and stirring up discord between the orders than for resisting wicked colleagues. Then a murmur of the whole senate arose, when the tribunes were called upon from all parts of the senate-house.
tum silentio facto ii, qui praeparati erant gratia principum, quam rogationem a collegis promulgatam senatus censeat dissolvendae rei publicae esse, ei se intercessuros ostendunt.
Then, silence having been made, those who had been prepared by the favor of the leading men showed that they would veto the bill which had been proposed by their colleagues, and which the senate deemed to be for the destruction of the commonwealth.
gratiae intercessoribus ab senate actae. §4.48.16latores rogationis contione advocata proditores plebis commodorum ac servos consularium appellantes aliaque truci oratione in collegas invecti actionem deposuere.
Thanks were returned to the vetoers by the senate. The proposers of the bill, having called an assembly, calling their colleagues betrayers of the interests of the plebs and slaves of the consulars, and having inveighed against them in other fierce language, withdrew their measure.

Notes

  1. §4.48.3nec enim ferme quicquam agri, ut in urbe alieno solo posita, non armis partum erat — The double negation (nec... non) expresses a strong affirmation: "almost no land was not acquired by arms" (i.e., all land was acquired by arms). The phrase 'ut in urbe alieno solo posita' is a parenthetical expression meaning "as [is natural] in a city built on someone else's soil."
  2. §4.48.14non ad vexandum senatum discordiamque ordinum movendam plus in tribunatu virium esse quam ad resistendum inprobis collegis — The comparative structure 'non... plus... quam...' translates literally as "there was not more strength... than for resisting...", indicating that the tribunician power is just as (or even more) powerful for restraining bad colleagues as it is for harassing the senate. 'ad vexandum' and 'ad resistendum' are gerund/gerundive constructions of purpose.

Cite this passage

Livy, History of Rome §4.48.1-4.48.16. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:4.48.1-4.48.16

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