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Livy · History of Rome §43.16.1-43.16.16

Clash with the Censors and Trial for Treason

Passage 1673 of 1770 · Latin

Summary

The strict censorship and restrictions on contracts anger the equestrian order, leading to a trial for high treason initiated by the tribune Rutilius; however, the censors are acquitted primarily due to Gracchus's solemn oath to share his colleague's exile.

§43.16.1in equitibus recensendis tristis admodum eorum atque aspera censura fuit: §43.16.2multis equos ademerunt.
In reviewing the knights, their censorship was extremely severe and harsh: they deprived many of their horses.
in ea re cum equestrem ordinem offendissent, flammam invidiae adiecere edicto, quo edixerunt, ne quis eorum, qui Q. Fulvio A. Postumio censoribus publica vectigalia aut ultro tributa conduxissent, ad hastam suam accederet sociusve aut adfinis eius conductionis esset.
Having offended the equestrian order in this matter, they added fuel to the flame of resentment by an edict, in which they declared that no one of those who, in the censorship of Quintus Fulvius and Aulus Postumius, had farmed the public revenues or contracted for public works, should come to their auction, or be a partner or associate in such a contract.
§43.16.3saepe id querendo veteres publicani cum impetrare nequissent ab senatu, ut modum potestati censoriae inponerent, tandem tribunum plebis P. Rutilium, ex rei privatae contentione iratum censoribus, patronum causae nancti sunt.
Since the old tax-farmers, by frequently complaining of this, had been unable to obtain from the senate that they should place a limit upon the censorial power, they finally found a champion for their cause in Publius Rutilius, a tribune of the plebs, who was angry with the censors on account of a private dispute.
§43.16.4clientem eius libertinum parietem in Sacra via adversus aedes publicas demoliri iusserant, quod publico inaedificatus esset.
They had ordered a client of his, a freedman, to demolish a wall on the Sacred Way opposite the public buildings, because it had been built on public land.
§43.16.5appellati a privato tribuni.
The tribunes were appealed to by the private citizen.
cum praeter Rutilium nemo intercederet, censores ad pignera capienda miserunt multamque pro contione privato dixerunt.
Since no one but Rutilius interceded, the censors sent to seize pledges and imposed a fine on the private citizen before the assembly.
§43.16.6hinc contentione orta cum veteres publicani se ad tribunum contulissent, rogatio repente sub unius tribuni nomine promulgatur, quae publica vectigalia aut ultro tributa C. Claudius et Ti. Sempronius locassent, ea rata locatio ne esset: §43.16.7ab integro locarentur, et ut omnibus redimendi et conducendi promiscue ius esset.
A dispute having arisen from this, when the old tax-farmers betook themselves to the tribune, a bill was suddenly promulgated under the name of that single tribune, proposing that the leases which Gaius Claudius and Tiberius Sempronius had made of the public revenues and public works should not be valid; that they should be leased anew, and that all men should have the right of bidding and contracting indiscriminately.
§43.16.8diem ad rogationem concilio tribunus plebis dixit.
The tribune of the plebs fixed a day for the assembly to vote on the bill.
qui postquam venit, ut censores ad dissuadendum processerunt, Graccho dicente silentium fuit; cum Claudio obstreperetur, audientiam facere praeconem iussit.
When it arrived, and the censors came forward to speak against it, there was silence while Gracchus was speaking; but when Claudius was interrupted by noise, he ordered the herald to demand a hearing.
§43.16.9eo facto avocatam a se contionem tribunus questus et in ordinem se coactum ex Capitolio, ubi erat concilium, abit.
Complainng that by this act the assembly had been taken away from him and that he had been degraded, the tribune left the Capitoline, where the assembly was being held.
§43.16.10postero die ingentis tumultus ciere.
On the following day he stirred up a huge tumult.
Ti. Gracchi primum bona consecravit, quod in multa pignoribusque eius, qui tribunum appellasset, intercessioni non parendo se in ordinem coegisset; §43.16.11C. Claudio diem dixit, quod contionem ab se avocasset; et utrique censori perduellionem se iudicare pronuntiavit diemque comitiis a C. Sulpicio praetore urbano petit.
First, he consecrated the property of Tiberius Gracchus, because, in the matter of the fine and pledges of the man who had appealed to the tribune, by not obeying the veto, he had degraded him; he appointed a day of trial for Gaius Claudius, because he had taken the assembly away from him; and he declared that he would prosecute both censors for high treason, and requested a day for the comitia from Gaius Sulpicius, the city praetor.
§43.16.12non recusantibus censoribus, quominus primo quoque tempore iudicium de se populus faceret, in ante diem octavum et septimum kal. Octobres comitiis perduellionis dicta dies.
Since the censors did not object to the people holding a trial concerning them at the earliest possible time, the days for the treason trial before the assembly were fixed for the eighth and seventh days before the Kalends of October.
§43.16.13censores extemplo in atrium Libertatis escenderunt et ibi obsignatis tabellis publicis clausoque tabulario et dimissis servis publicis negarunt se prius quidquam publici negotii gesturos, quam iudicium populi de se factum esset.
Immediately the censors went up to the Hall of Liberty, and there, having sealed the public records, closed the registry, and dismissed the public slaves, they declared that they would perform no public business until the judgment of the people concerning them had been rendered.
§43.16.14prior Claudius causam dixit; et cum ex duodecim centuriis equitum octo censorem condemnassent multaeque aliae primae classis, extemplo principes civitatis in conspectu populi anulis aureis positis vestem mutarunt, ut supplices plebem circumirent.
Claudius pleaded his cause first; and when, out of the twelve centuries of knights, eight had condemned the censor, as well as many others of the first class, immediately the leading men of the state, laying aside their golden rings in the sight of the people, changed their dress, so that as suppliants they might go about among the plebeians.
§43.16.15maxime tamen sententiam vertisse dicitur Ti. Gracchus, quod, cum clamor undique plebis esset periculum Graccho non esse, conceptis verbis iuravit, si collega damnatus esset, non expectato de se iudicio comitem exilii eius futurum.
Yet Tiberius Gracchus is said to have turned opinion the most; for when there was a cry from the plebeians on all sides that Gracchus was in no danger, he swore in set terms that if his colleague should be condemned, he would not wait for the trial concerning himself, but would accompany him into exile.
§43.16.16adeo tamen ad extremum spei venit reus, ut octo centuriae ad damnationem defuerint.
However, the accused came so near to the end of his hopes that only eight centuries were wanting for his condemnation.
absoluto Claudio tribunus plebis negavit se Gracchum morari.
When Claudius was acquitted, the tribune of the plebs declared that he would not detain Gracchus.

Notes

  1. 43.16.6quae publica vectigalia aut ultro tributa C. Claudius et Ti. Sempronius locassent, ea rata locatio ne esset — This is a construction where the antecedent (publica vectigalia aut ultro tributa) is incorporated into the relative clause introduced by 'quae'. The main clause (ea rata locatio ne esset) points back to it using the demonstrative 'ea', forming a noun clause with 'ne' + subjunctive detailing the content of the 'rogatio' (bill).
  2. 43.16.12quominus — A conjunction introducing the subjunctive (faceret), used after expressions of refusing, hindering, or preventing accompanied by a negative (here, 'non recusantibus censoribus', 'since the censors did not object').
  3. 43.16.15conceptis verbis — An ablative phrase meaning 'in set terms' or 'in a prescribed formula' of legal or religious significance, indicating that the oath was a formal, binding ritual rather than a mere spontaneous promise.

Cite this passage

Livy, History of Rome §43.16.1-43.16.16. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:43.16.1-43.16.16

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