Titus Livius (Livy), Ab urbe condita, Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Evan T. Sage, Ph.D. (Editor), Alfred C. Schlesinger, Ph.D. (Editor), 34.62

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[1] When Masinissa perceived that the good name of the Carthaginians was tarnished and that they were quarrelling among themselves, the nobles being suspected by the senate on account of their conferences with Aristo, the senate by

[2] the people on account of the declaration made by the same Aristo, considering that he had an opportunity to injure them, he both ravaged their coast and compelled certain cities which were dependents of the Carthaginians to pay their tribute to him.

[3] They call this district Emporia; it is the coast of the lesser Syrtis and a fertile spot; one of its cities is Leptis, and this paid to the Carthaginians a tribute of one talent per day.¹

[4] At this time Masinissa had endangered this whole region, and, with respect to part of it, had raised a question as to its ownership, whether it belonged to his kingdom or to the Carthaginians.

[5] And because he saw that they would go to Rome both to clear themselves and to complain of him, he likewise sent ambassadors to Rome for the double purpose of increasing Roman suspicions of them, by their insinuations, and of setting on foot an argument about the tribute-rights.

[6] The Carthaginians were first given audience, and with their² account of the Tyrian stranger they rendered the Fathers anxious lest they should have to fight with Antiochus and the Carthaginians at the same time.

[7] What most weighed against them was a suspicion due to the fact that they had set no guard over the person or ship of a man whom they had decided to arrest and send to Rome. Then the dispute with the king's envoys about the land began.

[8] The Carthaginians maintained their case by their boundary-rights, because the

[9] district was within the limits which Publius Scipio, when he conquered them, had set for the land which should be under

[10] Carthaginian jurisdiction,³ and by the king's own admission, who, when he was pursuing Aphthir, a fugitive from his country, who was wandering around Cyrene with a party of Numidians, had requested, as a favour from them, a right of way through this very country as if it had without question belonged to the Carthaginians.

[11] The Numidians charged that they were not telling the truth about the limits fixed by Scipio, and asked, if one wanted to determine the real origin of a property-right, what land in Africa was really Carthaginian. Coming there as strangers, they had been granted as a gift, for the purpose of building a city, as much land as they could encompass with the cut-up hide of a bull;⁴

[12] to whatever extent they had expanded beyond the limits of the Bursa,⁵ their seat, they had land gained by violence and without right.

[13] As to the particular tract of land in question, they could not even prove that they had held it for any considerable time, and much less that they had held it continuously from the time they had begun to claim it. As occasion offered, now they and now the Numidian kings had claimed the right to⁶ it, and possession had always remained with the party that was stronger in arms.

[14] They asked that the land should remain in the condition in which it was before the Carthaginians became enemies to the Romans and the king of the Numidians their ally and friend and not to interfere to prevent that person from holding the land who was able to do so.

[15] It was decided that the envoys of both states should receive the reply that they would send ambassadors to Africa to judge, on the actual ground, between the Carthaginian people and the king.

[16] The ambassadors who were sent were Publius Scipio Africanus, Gaius Cornelius Cethegus, and Marcus Minucius Rufus, and after hearing the testimony and inspecting the place they left the matter undecided, without expressing an opinion in favour of either side.

[17] Whether they did this of their own accord or because they had been so instructed is not so certain as that this seemed expedient under the circumstances, that the case be left entirely undecided;

[18] if this were not the case, Scipio alone, either from his knowledge of the affair or through his personal influence, since he deserved so well of both sides, could have settled the dispute by a nod.

Ab urbe condita. Titus Livius (Livy). Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Evan T. Sage, Ph.D. (Editor), Alfred C. Schlesinger, Ph.D. (Editor). Medford, MA. .

Sponsored by Perseus Project, Tufts University.

Funding provided by The National Endowment for the Humanities.

Current edition Perseus

History of Rome (English) (Foster, Benjamin Oliver; Moore, Frank Gardener; Sage, Evan T.; Schlesinger, Alfred C., translators. Cambridge, Mass.; London: Harvard University Press; William Heinemann, Ltd., 1919-1959. (Loeb Classical Library))

Editions (3)

Ab urbe condita Perseus (Pars I-IV, Libri I-XL. Editio Stereotypica. Weissenborn, Wilhelm; Mueller, Moritz, editors. Leipzig: Teubner, 1884-1911.) — 34.62 focus

[1] Masinissa postquam postqum et infames Carthaginiensis et inter se ipsos discordes sensit, principibus propter colloquia Aristonis senatui, senatu propter indicium eiusdem Aristonis populo suspecto,

[2] locum iniuriae esse ratus agrum maritimum eorum et depopulatus est et quasdam urbes vectigalis Carthainiensium Carthaginiensium sibi coegit stipendium pendere.

[3] Emporia vocant eam regionem; ora est minoris Syrtis et agri uberis; una civitas eius Leptis; ea singula in dies talenta vectigal Carthaginiensibus dedit.

[4] hanc tum regionem et totam infestam Masinissa et ex quadam parte dubiae possessionis, sui regni an Carthaginiensium esset,

[5] effecerat. et quia simul ad purganda crimina et questum de se Romam eos ituros comperit, qui et illa onerarent suspicionibus et de iure vectigalium disceptarent, legatos et ipse Romam mittit.

[6] auditi de Tyrio advena primum Carthaginienses curam iniecere patribus, ne cum Antiocho simul et Poenis bellandum esset.

[7] maxime ea suspicio crimen urgebat, quod, quem comprensum Romam mitti placuisset, nec ipsum nec navem eius custodissent.

[8] de agro deinde cum regis legatis disceptari coeptum.

[9] Carthaginienses iure finium causam tutabantur, quod intra eos terminos esset, quibus P.

[10] Scipio victor agrum, qui iuris esset Carthaginiensium, finisset, et confessione regis, qui, cum Aphthirem, profugum ex regno suo, cum parte Numidarum vagantem circa Cyrenas persequeretur, precario ab se iter per eum ipsum agrum tamquam baud haud dubie Carthaginiensium iuris petisset.

[11] Numidae et de terminatione Scipionis mentiri eos arguebant, et, si quis veram originem iuris exigere vellet, quem proprium agrum Carthaginiensium in Africa esse?

[12] advenis, quantum secto bovis tergo amplecti loci potuerint, tantum ad urbem communiendam precario datum; quidquid Bursam, sedem suam, excesserint, vi atque iniuria partum habere.

[13] neque eum, de quo agitur, probare eos posse, non modo semper, ex quo coeperint, sed ne diu quidem possedisse. per opportunitates nunc illos, nunc reges Numidarum usurpasse ius, semperque penes eum possessionem fuisse, qui plus armis potuisset.

[14] cuius condicionis res fuerit, priusquam hostes Romanis Carthaginienses, socius atque amicus rex Numidarum esset, eius sinerent esse nec se interponerent, quo minus, qui posset, teneret.

[15] responderi legatis utriusque partis placuit missuros se in Africam, qui inter populum Carthaginiensem et regem in re praesenti disceptarent.

[16] missi P. Scipio Africanus et C. Cornelius Cethegus et M. Minucius Rufus audita inspectaque re omnia suspensa neutro inclinatis sententiis reliquere.

[17] id utrum sua sponte fecerint, an quia mandatum ita fuerit, non tam certum est, quam videtur tempori aptum fuisse, integro certamine eos is relinqui;

[18] nam ni ita esset, unus Scipio vel notitia rei vel auctoritate, ita de utrisque meritus, finire nutu disceptationem potuisset.

Ab urbe condita Perseus (Livy in Fourteen Volumes. Foster, Benjamin Oliver; Moore, Frank Gardener; Schlesinger, Alfred C., editors. Cambridge, MA: Harvard University Press; London: William Heinemann, Ltd., 1919-1959 (printing).) — 30.45 focus

[1]

pace terra marique parta, exercitu in naves inposito, in Siciliam Lilybaeum traiecit.

[2] inde magna parte militum navibus ¹ missa ipse per ² laetam pace non minus quam victoria Italiam, effusis non urbibus modo ad habendos honores, sed agrestium etiam turba obsidente vias, Romam pervenit triumphoque omnium clarissimo urbem est invectus.

[3] argenti tulit in aerarium pondo centum viginti tria milia. ³ militibus ex praeda quadringenos aeris divisit.

[4] morte⁴ subtractus spectaculo magis hominum quam triumphantis gloriae Syphax est, Tiburi haud ita multo ante mortuus, quo ab Alba traductus fuerat. conspecta tamen mors eius fuit, quia publico funere est elatus.

[5] hunc regem in triumpho ductum Polybius, haudquaquam spernendus auctor, tradit. secutus Scipionem triumphantem est pilleo capiti inposito Q. Terentius Culleo, omnique deinde vita, ut dignum erat, libertatis auctorem coluit.

[6] africani cognomen militaris prius favor an popularis aura celebraverit an, sicuti Felicis Sullae Magnique Pompei patrum memoria, coeptum ab adsentatione familiari sit parum compertum habeo.

[7] primus certe hic hie imperator nomine victae ab se gentis est nobilitatus; exemplo deinde huius nequaquam victoria pares insignes imaginum imaginun titulos claraque cognomina familiarum ⁵ fecerunt. ⁶

Ab urbe condita libri, erklärt von M. Weissenborn Perseus (Weissenborn, W.; Müller, H. J., editors. Berlin: Weidmannsche Buchhandlung, 1873-1883.) — 34.62 focus

[1]

Masinissa postquám et infames Carthaginiensis et inter se ipsos discordes sensit, principibus propter colloquia Aristonis senatui, senatu propter indicium eiusdem Aristonis populo suspecto,

[2] locum iniuriae esse ratus agrum maritimum eorum et depopulatus est et quasdam urbes vectigalis Carthaginiensium sibi coegit stipendium pendere.

[3] Emporia vocant eam regionem; in ora est minoris Syrtis et agri uberis; una civitas eius Leptis; ea singula in dies talenta vectigal Carthaginiensibus dedit.

[4] hanc tum regionem et totam infestam Masinissa et ex quadam parte dubiae possessionis, sui regni an Carthaginiensium esset, effecerat.

[5] et quia simul ad purganda crimina et questum de se Romam eos ituros comperit, qui et illa onerarent suspicionibus et de iure ¹ vectigalium disceptarent, legatos et ipse Romam mittit.

[6] auditi de Tyrio advena primum Carthaginienses curam iniecere patribus, ne cum Antiocho simul et Poenis bellandum esset.

[7] maxime ea suspicio crimen urgebat, quod, quem comprensum Romam mitti placuisset, nec ipsum nec navem eius custodissent.

[8] de agro deinde cum regis legatis disceptari coeptum.

[9] Carthaginienses iure finium causam tutabantur, quod intra eos terminos esset, quibus P. Scipio victor agrum,

[10] qui iuris esset Carthaginiensium, finisset, et confessione regis, qui, cum Aphthirem, profugum ex regno suo, cum parte Numidarum vagantem circa Cyrenas persequeretur, precario ab se iter per eum ipsum agrum tamquam haud dubie Carthaginiensium iuris petisset.

[11] Numidae et de terminatione Scipionis mentiri eos arguebant, et, si quis veram originem iuris exigere vellet, quem proprium agrum Carthaginiensium in Africa esse?

[12] advenis, quantum secto bovis tergo amplecti loci potuerint, tantum ad urbem communiendam precario datum; quidquid Bursam, sedem suam, excesserint, vi atque iniuria partum habere.

[13] neque eum, de quo agatur, probare eos posse non modo semper, ² ex quo coeperint, sed ne diu quidem se possedisse. per opportunitates nunc illos, nunc reges Numidarum usurpasse ius, semperque penes eum possessionem fuisse, qui plus armis potuisset.

[14] cuius condicionis res fuerit, priusquam hostes Romanis Carthaginienses, socius atque amicus rex Numidarum esset, eius sinerent esse nec se interponerent, quo minus, qui posset, teneret.

[15] responderi legatis utriusque partis placuit missuros se in Africam, qui inter populum Carthaginiensem et regem in re praesenti disceptarent.

[16] missi P. Scipio Africanus et C. Cornelius Cethegus et M. Minucius Rufus audita inspectaque re omnia suspensa neutro inclinatis sententiis reliquere.

[17] id utrum sua sponte fecerint, an quia mandatum ita fuerit, non tam certum est, quam videtur tempori aptum fuisse, integro certamine eos relinqui;

[18] nam ni ita esset, unus Scipio vel notitia rei vel auctoritate, ita de utrisque meritus, finire nutu disceptationem potuisset.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 34.62 focus

[1]

When Masinissa observed that the Carthaginians were looked on with jealousy by others, and were full of dissensions among themselves;

[2] the nobles being suspected by the senate, on account of their conferences with Aristo, and the senate by the people, in consequence of the information given by the same Aristo, he thought that, at such a conjuncture, he might successfully encroach on their rights; and accordingly he laid waste their country along the sea-coast, and compelled several cities, which were tributary to the Carthaginians, to pay their taxes to him.

[3] This tract they call Emporiae; it forms the shore of the lesser Syrtis, and has a fertile soil; one of its cities is Leptis, which paid a tribute to the Carthaginians of a talent a day.

[4] At this time, Masinissa not only ravaged that whole tract, but, with respect to a considerable part of it, disputed the right of possession with the Carthaginians;

[5] and when he learned that they were sending to Rome, both to justify their conduct, and, at the same time, to make complaints of him, lie likewise sent ambassadors to Rome, to load them with suspicions, and to discuss the right to the taxes.

[6] The Carthaginians were heard first, and their account of the Tyrian stranger gave the senate no small uneasiness, as they dreaded being involved in war with Antiochus and the Carthaginians at the same time. What contributed chiefly to strengthen a suspicion of evil designs, was, that though they had

[7] resolved to seize Aristo, and send him to Rome, they had not placed a guard either on himself or his ship. Then be- gan the controversy with the king's ambassadors, on the claims of the territory in dispute.

[8] The Carthaginians supported their cause by a boundary claim, urging that

it must belong

[9]

to them, as being within the limits which Scipio, after conquering the country, had fixed as the boundaries which should be under Carthaginian rule;

[10]

and also, by the acknowledgment of the king, who, when he was going in pursuit of Aphir, a fugitive from his kingdom, then hovering about Cyrene, with a party of Numidians, had solicited as a favour a passage through that very district, as being confessedly a part of the Carthaginian dominions.

[11] The Numidians insisted,

that they were guilty of misrepresentation, with respect to the limits fixed by Scipio; and if a person chose to recur to the real origin of their property, what title had the Carthaginians to call any land in Africa their own: foreigners and strangers, to whom had been granted precariously, for the purpose of building a city, as much ground as they could encompass with the cuttings of a bull's hide?

[12]

Whatever acquisitions they had made beyond Byrsa, their original settlement, they held by fraud and violence; for, in relation to the land in question, so far were they from being able to prove uninterrupted possession, from the time when it was first acquired, that they cannot even prove that they ever possessed it for any considerable time.

[13]

As occasions offered, sometimes they, sometimes the kings of Numidia, had held the dominion of it; and the possession of it had always been held by the party which had the greatest armed force.

[14]

They requested the senate to suffer the matter to remain on the same footing on which it stood before the Carthaginians became enemies to the Romans, or the king of Numidia their friend and ally; and not to interfere, so as to hinder whichever party was able, from keeping possession.

[15] —The senate resolved to tell the ambassadors of both parties, that they would send persons into Africa to determine the present controversy between the people of Carthage and the king. They accordingly sent Publius Scipio Africanus, Caius Cornelius Cethegus, and Marcus Minucius Rufus;

[16] who, after viewing the ground, and hearing what could be said on both sides, left every thing in suspense, their opinions inclining neither to one side nor the other.

[17] Whether they acted in this manner from their own judgment, or because they had been so in- structed, is by no means so certain as it is, that as affairs were circumstanced, it was highly expedient to leave the dispute undecided:

[18] for, had the case been otherwise, Scipio alone, either from his own knowledge of the business, or the influence which he possessed, and to which he had a just claim on both parties, could, with a nod, have ended the controversy.

History of Rome Perseus (Volumes 1-2. Roberts, Canon, Rev, translator. London, New York: J. M. Dent and Sons; E. P. Dutton and Co., 1912.) — 34.62 focus

[1]

When Masinissa saw that the Carthaginians were falling into bad odour with Rome and at variance amongst themselves-the leaders of the Barcine party suspected by the senate owing to their interviews with Aristo,

[2] and the senate suspected by the people in consequence of the notice which Aristo had put up-he thought it a good opportunity for attacking them. The coastal district which skirts the Lower Syrtis is called Emporia.

[3] It is a very fertile country and there is one city in it-Leptis-which alone paid Carthage tribute to the extent of a talent a day.

[4] This district Masinissa overran and ravaged from end to end and occupied parts of it, so that it appeared doubtful whether it belonged to him or to the Carthaginians.

[5] On learning that they had sent envoys to Rome to meet the charges which had been made against them, and also to complain of his conduct, he too sent a deputation to strengthen the suspicions against Carthage and also to question the right of that government to exact tribute from the district which he had invaded.

[6] The Carthaginians were received in audience first, and their account of the Tyrian stranger made the senate feel anxious lest they should be involved in war with both Antiochus and Carthage at the same time.

[7] What strengthened their suspicions most of all was the fact that after deciding to arrest Aristo and send him to Rome they had neglected to keep either him or his ship under guard.

[8] Then came the argument with Masinissa's representatives as to the territory in dispute.

[9] The Carthaginians rested their case on the adjudication of Scipio, as the district lay within the frontiers of what, after his victory, he declared to be Carthaginian territory, and they also relied on Masinissa's own admission.

[10] When Aphthires was a fugitive from his kingdom and was roaming with a body of Numidians in the neighbourhood of Cyrenae, Masinissa who was pursuing him asked permission to traverse that district, showing thereby that he had no doubt as to its belonging to Carthage.

[11] The Numidians contended that false statements had been made as to Scipio's delimitation. If the origin of any rights they claimed was inquired into, what ground in all Africa really belonged to the Carthaginians?

[12] When they landed on its shores and sought a settlement they were granted as much land on which to build their city as they could enclose within an ox-hide cut into strips. Whatever ground they had gained outside Bursa they had gained by violence and robbery.

[13] As to the territory in question, it was impossible for them to prove that it had been in their possession from the beginning or even for any considerable length of time. The Carthaginians and the kings of Numidia laid alternate claims to it as opportunity offered; it always became the possession of those who for the time being were the strongest in arms.

[14] They begged the senate to let matters remain in the same state in which they were before Carthage became the enemy or Masinissa the friend and ally of Rome, and not to prevent him who was able to hold it from doing so.

[15] The reply given to both parties was to the effect that the senate would send a commission to Africa to settle the dispute on the spot. The commissioners were P. Scipio Africanus, C. Cornelius Cethegus and M. Minucius Rufus.

[16] After surveying the locality and hearing both sides they decided for neither of them and left the whole question in abeyance. Whether they did this of their own motion or whether they had received instructions to do so is uncertain.

[17] What is certain is that under the circumstances it was a matter of expediency that the question should remain unsettled.

[18] Had it not been so Scipio, either through his knowledge of the facts or his personal influence with both the contending parties, could have settled it by a nod.

Notes on the current edition

Ab Urbe Condita With An English Translation, books 1-10, 21-45, with periochae 11-20

1. Excavations in this district in recent years have confirmed the general accuracy of Livy's brief description. There is as yet no comprehensive publication.

2. B.C. 193

3. Livy's statement in XXX. xxxvii. 2 does not suggest that very precise boundaries had been fixed at this time.

4. See Virgil, Aeneid, I. 367-368.

5. The Bursa (cf. ,

hide

) was the citadel of Carthage and, according to Masinissa, the only territory in Africa to which they had any legitimate claim. It included the land encompassed by the bull's hide.

6. B.C. 193

Titus Livius (Livy) Ab urbe condita 34.62

Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Evan T. Sage, Ph.D. (Editor), Alfred C. Schlesinger, Ph.D. (Editor)

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