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8. The consular elections were then held.1 The consuls chosen were Gaius Claudius Pulcher and Tiberius Sempronius Gracchus. The next day the praetors were elected, Publius Aelius Tubero (for the second time),2 Gaius Quinctius Flamininus, Gaius Numisius, Lucius Mummius, Gnaeus Cornelius Scipio, Gaius Valerius Laevinus. [2] The jurisdiction between citizens fell to Tubero, that between citizens and aliens to Quinctius, Sicily to Numisius, Sardinia to Mummius; but this, by reason of the seriousness of the war, was made a consular province. Scipio and Laevinus received from the lot Gaul, divided into two provinces.

[3] On the Ides of March, when Sempronius and3 Claudius were inaugurated consuls, a mere mention was made of the provinces of Sardinia and Histria and the enemies in both who had stirred up war in those provinces. [4] On the next day the ambassadors of the Sardinians, whose hearing had been postponed to the administration of the new consuls, were heard, and Lucius Minucius Thermus, who had been a lieutenant of the consul Manlius in Histria, came into the senate. [5] By them the senate was informed to what extent these provinces were engaged in war.

The senate was greatly impressed also by the embassies from the allies of the Latin confederacy,4 who had wearied both censors and former consuls, and were at length given audience before the senate. [6] The substance of their complaints was that large numbers of their citizens had been rated at Rome and had moved to Rome;5 [7] but if this were allowed it would come to pass in a very few decades that there would be deserted towns and deserted farms [p. 209]which would be unable to furnish a single soldier.6 [8] Similarly the Samnites and Paelignians complained that four thousand families had moved from their territories to Fregellae,7 nor did either8 community furnish fewer soldiers on that account when the levy was made. Moreover, two kinds of fraud had been practised to secure individual transfers of citizenship. [9] The law9 granted to any persons among the allies of the Latin confederacy, who should leave10 in their home towns offspring of their loins, the privilege of becoming Roman citizens. By the abuse of this law some were injuring the allies, some the Roman people. [10] For in the first place, in order to evade the requirement that they should leave offspring at home, they would give their sons to any Romans whatsoever in slavery, on the condition that they should be manumitted and thus become citizens of freedman condition;11 in the second place, those who had no offspring to leave behind, in order to become Roman citizens adopted children.12 [11] Later, [p. 211]disdaining even these pretences of obedience to law, just13 as they pleased, with no regard to the statute or to the requirement of offspring, they would transfer to the Roman citizenship by migration and recognition in the census. [12] In order that these things might not occur in future, the ambassadors requested first, that the senate should direct allies to return to their cities; second, that a law should be passed providing that no one should acquire a son or dispose of one for the purpose of changing his citizenship;14 third, that if anyone had thus become a Roman citizen, he should not be a Roman citizen. These petitions were granted by the senate.

1 B.C. 178

2 There was a praetor of this name in 201 B.C. (XXX. xl. 5).

3 B.C. 178

4 The separate mention of the Samnites and the Paelignians in sect. 8 below indicates that this refers only to the allies in Latium, not in Italy as a whole; cf. ex Latio in XXXIX. iii. 4.

5 For an attempt in 189 B.C. to correct the same situation, cf. XXXIX. iii. 4-6.

6 A.U.C. 577

7 Fregellae was a Latin colony. It seems that as residents of Latium moved to Rome, so allies from other parts of Italy migrated to towns with larger privileges, without affecting the quota of troops required from their old homes.

8 The use of pronouns is peculiar and the text may be corrupt. One would expect a complaint that the quota of Fregellae had not been raised to correspond to its increased population.

9 The meaning is uncertain. Perhaps this ordinance was part of the original compact which governed the relations of Rome and the Latin League. From the fact that there is no reference to it in XXXIX. iii, it might be argued that the law had been passed since 189 B.C.

10 The phrase stirpem ex sese has reference to natural, not adopted sons; the provision is an insurance against a decrease in the number of families in a community.

11 The procedure is difficult to follow, especially in the light of the preceding sentence. This much is clear, that the father who aspired to become a Roman citizen satisfied the requirement mentioned above by leaving a son behind him; next he transferred that son collusively to some Roman by the legal process of mancipium; after the father had acquired the Roman citizenship, presumably, the Roman who had purchased the son set him free, whereby the son also became a civis, though a libertinus, by reason of his temporary slavery. This method injured the socii, by depriving them of a family.

12 This passage has been emended in many ways: I have preferred the text of Voigt, mainly on account of its brevity, since the general purport of all is the same (for other suggestions see the apparatus of Giarratano). One may assume that the phrase stirpem ex sese was found legally ambiguous, and was stretched to include adoptive children. This method injured the Romans, since the law had been evaded, even if not actually violated.

13 B.C. 177

14 This clause forbids both the adoption and the mancipatory sale of a son to avoid the older law.

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load focus Summary (Latin, Evan T. Sage, Ph.D. and Alfred C. Schlesinger, Ph.D., 1938)
load focus Summary (Latin, W. Weissenborn, H. J. Müller, 1911)
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load focus English (Rev. Canon Roberts, 1912)
load focus Latin (W. Weissenborn, 1876)
load focus Latin (Evan T. Sage, Ph.D. and Alfred C. Schlesinger, Ph.D., 1938)
load focus English (William A. McDevitte, Sen. Class. Mod. Ex. Schol. A.B.T.C.D., 1850)
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  • Commentary references to this page (20):
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 31-32, commentary, 31.50
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 31-32, commentary, 32.2
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 35-38, commentary, 35.7
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 35-38, commentary, 38.54
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 39.3
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 39.3
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 39.3
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 39.32
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 39.56
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 40.19
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 40.36
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 40.44
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 40.44
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 41-42, commentary, 41.17
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 41-42, commentary, 41.18
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 41-42, commentary, 41.8
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 41-42, commentary, 42.10
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 43-44, commentary, 43.14
    • 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, 45.42
  • Cross-references to this page (21):
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