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16. In reviewing the knights, the censorship of these officials was rather stern and harsh; they deprived many of their horses. [2] When in this matter they had offended the order of knights, they added fire to the grudge by a proclamation, in which they proclaimed that none of those who in the censorship of Quintus Fulvius and Aulus Postumius1 had farmed the public revenues or the public works should appear at the auction of Claudius and Sempronius,2 or should be a partner or sharer in the contracting. [3] When, after many complaints about this decree, the veteran tax-gatherers were unable to induce the senate to set a limit to the censors' power,3 at last in a tribune of the people, Publius Rutilius, who was angry with the censors over a dispute concerning a private matter, they found an advocate for their cause. [4] A freedman client of Rutilius had been ordered by the censors to pull down a house-wall on the Sacred Way opposite the public temples, because the wall was built on state land. [5] An appeal was made by the citizen to the tribunes. When no one but Rutilius intervened in his behalf, the censors [p. 57]sent agents to secure bonds4 and announced before5 a meeting a fine for the citizen.6 [6] A dispute having arisen from this cause, when the veteran tax-gatherers had resorted to the tribune, a proposed law was suddenly published under the name of the one tribune, stating that whereas Gaius Claudius and Tiberius Sempronius had let certain public revenues and public works, the letting of these should be void; [7] they should be let anew, and everyone without restriction should have the right of farming and contracting. The tribune of the people announced for the assembly7 a day for voting on this proposal.8 [8] When this day came, as the censors came forward to advise against the law,9 while Gracchus was speaking there was silence; when heckling greeted Claudius, he ordered the herald to bring the meeting to order. [9] When this was done, the tribune, complaining that the meeting had been taken out of his hands and that he had been deprived of his authority, left the Capitol, where the assembly was. Next day he raised a great uproar. [10] He first dedicated to the gods the property of Tiberius Gracchus because in the matter of the fine and the bonds imposed on one who had appealed to a tribune, [p. 59]Gracchus had, by not obeying the tribune's interposition,10 deprived him of his authority; [11] he set a day for the trial of Gaius Claudius on the charge of taking the meeting away from him; and he announced that he judged each censor guilty of treason, and asked of Gaius Sulpicius the city praetor a day for an assembly.11 [12] Since the censors did not object to having the people pass judgment on them at the first possible moment, the day for the assembly-trial for treason was set for the twenty-third and twenty-fourth of September.12 [13] The censors immediately mounted to the Hall of Liberty13 and, having there sealed the public accounts and closed the account room and sent away the public slaves, declared that they would transact no public business until the judgment of the people upon them had been passed. [14] Claudius pleaded his cause first; and when of the twelve centuries of knights eight had condemned the censor, along with many other centuries of the first class, at once the leading men of the state, in the sight of the people, laid aside their gold rings and [p. 61]put on mourning,14 in order to go about entreating15 the commons. [15] Chiefly, however, Tiberius Gracchus is said to have changed men's minds, because, although there was everywhere shouting from the commons that Gracchus was in no danger, he swore in formal terms that if his colleague were condemned he would not await the outcome of his own trial, but would accompany Claudius into exile.16 None the less, so near did the defendant come to the last ray of hope that only eight centuries were lacking for condemnation. [16] When Claudius had been acquitted, the tribune of the people said that he did not care about the case of Gracchus.17

1 The previous censors, XLI. xxvii.

2 Literally, “to their spear,” since a spear was the sign of an auction; at the censors' auction contracts for public works and for collecting the revenues were to be made, cf. XXXIX. xliv. 8 and the note.

3 Compare the Pyrrhic victory of the contractors in 184 B.C., XXXIX. xliv. 8.

4 Such bonds, designed to secure the appearance for trial of a person charged with a crime, were secured, not directly from the defendant, but from bondsmen from among his friends. For this practice, cf. III. xiii. 8, XXV. iv. 8-10, XXXIX. xli. 7, and Summary XLVIII. Aulus Gellius, XVI. x. 8, mentions bondsmen as one of the obsolete legal forms abolished by the lex Aebutia (exact date unknown). After this time, bonds were posted by the defendant.

5 B.C. 169

6 The veto of one tribune sufficed to debar an action, but the censors apparently expected the other tribunes to suppress Rutilius, as had been done on various other occasions, cf. II. xliii. 4, IV. xlix. 6 and liii. 7, IX. xxxiv. 26, XXIV. xliii. 3, or that the senate would support them, cf. XXIX. xxxvii. 17.

7 An Assembly of the Commons (concilium plebis).

8 An attempt is made here to translate the MS. text, without the usual alterations (see critical note). I accept the suggestion of Duker that the phrase, if completed, would be ad eius rogationis rogationem, rogatio meaning (a) a bill or proposed law, (b) the process of putting it to a vote.

9 In a meeting (contio) held before the voting assembly.

10 B.C. 169

11 Rutilius proceeds under the law mentioned in III. Iv. 7, that one who injured a tribune should forfeit his head to Jupiter, and that his property should be sold at the temple of Ceres, Liber and Libera; the ceremony of dedicating the man and his property to the gods might be performed by a tribune, cf. Cicero, De Domo Sua 47 (123-5), but apparently had to be confirmed by action of the people. Livy's phrasing seems to make Rutilius arrange for two trials for Claudius, but we hear of only one (below, 14-16) and it seems probable that the trial for treason, based on the charges mentioned, was the one action which was to confirm the sentence already pronounced by the tribune; also this sentence was probably directed equally against both, though Gracchus is named alone. For a trial of treason, the comitia centuriata was called, since a death-sentence was involved, not the comitia tributa, as above, viii. 9, cf. the note, nor the concilium plebis.

12 A day for each defendant, see XXV. iv. 10.

13 This appears to have been next to the Senate-house, and perhaps a sort of annex to it. A rebuilding of the atrium in 194 B.C. is mentioned in XXXIV. xliv. 5; hostages were kept there, according to XXV. vii. 12; archives for laws were maintained there (Festus 241); and the enrolment of freedmen in the city tribes took place there (XLV. xv. 5). The anniversary day of the sanctuary of Freedom was April thirteenth (Ovid, Fasti IV. 623). In the first century B.C., slaves were imprisoned there (Cicero, Pro Milone 59), and, following a plan of Julius Caesar's, Asinius Pollio founded there the first public library in Rome, with rich sculptural adornment (Ovid, Tristia III. 1. 71-2, Suetonius, Augustus 29).

14 I.e., a dark toga; with it jewellery was not worn, and senators and magistrates did not wear the purple stripe on their togas of mourning.

15 B.C. 169

16 Except for the knights, among whom were the hostile tax-gatherers, the danger to Claudius obviously arose from his harsh and arbitrary behaviour; cf. his actions during his consulate in 177 B.C., XLI. x. 5-13.

17 The later activities of these censors are told below, XLIV. xvi. and XLV. xv.

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  • Commentary references to this page (15):
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 33-34, commentary, 33.25
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 33-34, commentary, 34.1
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 35-38, commentary, 37.51
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 35-38, commentary, 38.51
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 39.14
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 39.44
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 43-44, commentary, 44.15
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 43-44, commentary, 44.16
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 43-44, commentary, 44.2
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 43-44, commentary, 44.40
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 43-44, commentary, 44.45
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, book 45, commentary, 45.15
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, book 45, commentary, 45.18
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, book 45, commentary, 45.21
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, book 45, commentary, 45.36
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