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Livy · History of Rome §41.8.1-41.8.12

Election of Magistrates and Migration of Allies

Passage 1570 of 1770 · Latin

Summary

New consuls and praetors are elected, and reports are received on the wars in Sardinia and Istria. Additionally, the Latin allies, Samnites, and Paelignians complain about the loss of their military strength due to the fraudulent acquisition of Roman citizenship and subsequent migration of their citizens, prompting the senate to grant their requests for remedial measures.

§41.8.1comitia deinde habita.
Then the elections were held.
consules creati C. Claudius Pulcher Ti. Sempronius Gracchus.
Gaius Claudius Pulcher and Tiberius Sempronius Gracchus were elected consuls.
et postero die praetores facti P. Aelius Tubero iterum C. Quinctius Flamininus C. Numisius L. Mummius Cn. Cornelius Scipio C. Valerius Laevinus.
On the following day Publius Aelius Tubero (for the second time), Gaius Quinctius Flamininus, Gaius Numisius, Lucius Mummius, Gnaeus Cornelius Scipio, and Gaius Valerius Laevinus were elected praetors.
§41.8.2Tuberoni urbana iurisdictio, Quinctio peregrina evenit, Numisio Sicilia, Mummio Sardinia; sed ea propter belli magnitudinem provincia consularis facta.
To Tubero fell the jurisdiction of the city, to Quinctius the jurisdiction over foreigners, to Numisius Sicily, and to Mummius Sardinia; but the latter, on account of the magnitude of the war, was made a consular province.
§41.8.3Scipio et Laevinus Galliam in duas divisam provincias sortiti sunt.
Scipio and Laevinus drew lots for Gaul, which was divided into two provinces.
§41.8.4idibus Martiis, quo die Sempronius Claudiusque consulatum inierunt, mentio tantum de provinciis Sardinia Histriaque et utriusque hostibus fuit, qui in his provinciis bellum concivissent.
On the Ides of March, the day on which Sempronius and Claudius entered upon their consulship, mention was made only of the provinces of Sardinia and Istria, and of the enemies in both, who had stirred up war in these provinces.
§41.8.5postero die legati Sardorum, qui ad novos magistratus dilati erant, et L. Minucius Thermus, qui legatus Manli consulis in Histria fuerat, in senatum venit.
On the following day, the envoys of the Sardinians, whose audience had been postponed until the arrival of the new magistrates, and Lucius Minucius Thermus, who had been the lieutenant of the consul Manlius in Istria, came into the senate.
ab his edoctus est senatus, quantum belli eae provinciae haberent.
By them the senate was informed of how great a war those provinces had on their hands.
§41.8.6moverunt senatum et legationes socium nominis Latini, quae et censores et priores consules fatigaverant, tandem in senatum introductae.
The senate was also moved by the embassies of the allies of the Latin name, who, after having exhausted both the censors and the former consuls, were finally introduced into the senate.
§41.8.7summa querellarum erat, cives suos Romae censos plerosque Romam commigrasse; quod si permittatur, perpaucis lustris futurum, ut deserta oppida, deserti agri nullum militem dare possint.
The chief of their complaints was that very many of their citizens, having been assessed at Rome, had migrated to Rome; if this were permitted, in a very few lustra it would happen that deserted towns and deserted fields would be unable to furnish any soldier.
§41.8.8Fregellas quoque milia quattuor familiarum transisse ab se Samnites Paelignique querebantur, neque eo minus aut hos aut illos in dilectu militum dare.
The Samnites and the Paelignians also complained that four thousand families had migrated from them to Fregellae, and that none the less both they and the others had to furnish the same number of soldiers in the levy.
§41.8.9genera autem fraudis duo mutandae viritim civitatis inducta erant.
Now two kinds of fraud had been introduced for changing citizenship individually.
lex sociis nominis Latini, qui stirpem ex sese domi relinquerent, dabat, ut cives Romani fierent.
The law granted to the allies of the Latin name, who should leave offspring behind them at home, the right to become Roman citizens.
ea lege male utendo alii sociis, alii populo Romano iniuriam faciebant.
By making a bad use of this law, some were doing injury to the allies, others to the Roman people.
§41.8.10nam et ne stirpem domi relinquerent, liberos suos quibuslibet Romanis in eam condicionem, ut manu mitterentur, mancipio dabant, libertinique cives essent; et quibus stirps deesset, quam relinquerent, ut cives Romani fiebant.
For on the one hand, so as not to leave offspring at home, they would give their children in adoption to any Roman on the condition that they should be manumitted, so that as freedmen they might be citizens; and on the other hand, those who had no offspring to leave behind were becoming Roman citizens.
§41.8.11postea his quoque imaginibus iuris spretis, promiscue sine lege, sine stirpe in civitatem Romanam per migrationem et censum transibant.
Afterwards, even these legal pretexts were despised, and they passed into Roman citizenship indiscriminately without law and without offspring, merely by migration and the census.
§41.8.12haec ne postea fierent, petebant legati, et ut redire in civitates iuberent socios; deinde ut lege caverent, ne quis quem civitatis mutandae causa suum faceret neve alienaret; et si quis ita civis Romanus factus esset, civis ne esset.
The envoys begged that these things might not happen in the future, and that the senate should order the allies to return to their own states; and further, that they should provide by law that no one, for the purpose of changing citizenship, should adopt anyone or alienate anyone; and that if anyone had been made a Roman citizen in this way, he should cease to be a citizen.
haec impetrata ab senatu.
These requests were granted by the senate.

Notes

  1. §41.8.5venit — Although the subject is compound (legati and L. Minucius Thermus), the verb venit is singular. This is a common Latin construction where the verb agrees with the nearest subject, or the act of arrival is conceived as a single collective event.
  2. §41.8.7futurum, ut ... possint — A noun clause (clause of result) following the future infinitive futurum [esse] in indirect discourse. Although the main verb of saying is in the past (erat), the verb in the dependent clause (possint) is in the present subjunctive. This is an instance of repraesentatio (vivid presentation) to keep the tense of the original thought.
  3. §41.8.10ne stirpem domi relinquerent — A clause of purpose explaining how they evaded the legal requirement to "leave offspring at home" in order to acquire Roman citizenship. To avoid leaving their children behind as non-citizens (i.e., to make them Romans too), they surrendered them in mancipium to a Roman so that they would be manumitted as Roman citizens.
  4. §41.8.10ut — The conjunction ut is used here with the indicative fiebant, carrying the force of "nevertheless," "just the same," or "as if (they had offspring)." It indicates that those who lacked offspring, and thus were ineligible, managed by some trick to "become Roman citizens just the same."

Cite this passage

Livy, History of Rome §41.8.1-41.8.12. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:41.8.1-41.8.12

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