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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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