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), 37.1

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[1] Lucius Cornelius Scipio and Gaius Laelius¹ entered upon the consulship, and after the religious observances were carried out, no question in the senate had priority over that concerning the Aetolians. And their ambassadors were urging a decision, since only a brief time of truce was allowed them, and they were seconded by Titus Quinctius, who had now returned to Rome from Greece.

[2] The Aetolians, like men who reposed more hope in the mercy of the senate than in their own case, pleaded like suppliants, balancing former services against recent misdeeds.

[3] But not only while still present were they pursued by senatorial questionings from all sides, forcing from them confessions of guilt rather than replies, but when they were ordered to leave the senate-house they gave occasion to a violent conflict.

[4] Anger had greater weight in their case than the spirit of mercy, since the senators were incensed at them not as enemies but as an untamable and anti-social people.

[5] When the contest had continued for many days, it was finally decided that peace should be neither granted nor refused; two choices were placed before them; either they should entrust themselves to the free discretion of the senate, or they should pay one thousand talents and consider the same peoples as friends and enemies.²

[6] When they tried to elicit a definite statement as to the extent to which the senate would exercise its³ discretion⁴ over them, no positive reply was given. So without any settlement they were ordered to leave the City that same day and Italy within fifteen days.

[7] Then the question of the consular provinces began to be discussed. Both consuls wanted Greece.⁵ Laelius was very influential in the senate. Laelius, when the senate had directed the consuls either to cast lots or to determine the matter of the provinces between themselves, said that they would act more fittingly if they entrusted this decision to the wisdom of the Fathers instead of to the lot.

[8] Scipio, having replied to this that he would consider what he ought to do, conferred with his brother alone, and being instructed by him to leave the matter to the senate with confidence, answered his colleague that he would do as he suggested.

[9] When this proposal, either novel or revived on the basis of ancient precedents long escaped from memory, had excited the senate with the expectation of a sharp contest, Publius Scipio Africanus said that if they should decree Greece as a province to his brother Lucius Scipio, he would go as his lieutenant.⁶

[10] These words, listened to with full approbation, ended the contest; they wanted to ascertain whether King Antiochus would find more powerful assistance in the defeated Hannibal or the Roman consul and legions in his conqueror Africanus: and almost unanimously they decreed Greece to Scipio, Italy to Laelius.

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.) — 37.1 focus

[1] L. Cornelio Scipione C. Laelio consulibus nulla prius secundum religiones acta in senatu res est quam de Aetolis. et legati eorum institerunt, quia brevem indutiarum diem habebant, et ab T. Quinctio, qui tum Romam ex Graecia redierat, adiuti sunt.

[2] Aetoli, ut quibus plus in misericordia senatus quam in causa spei esset, suppliciter egerunt, veteribus benefactis nova pensantes maleficia.

[3] ceterum et praesentes interrogationibus undique senatorum, confessionem magis noxae quam responsa exprimentium, fatigati sunt, et excedere curia iussi magnum certamen praebuerunt.

[4] plus ira quam misericordia in causa eorum valebat, quia non ut hostibus modo, sed tamquam indomitae et insociabili genti suscensebant.

[5] per aliquot dies cum certatum esset, postremo neque dari neque negari pacem placuit; duae condiciones iis latae sunt: vel senatui liberum arbitrium de se permitterent, vel mille talentum darent eosdemque amicos atque inimicos haberent.

[6] exprimere cupientibus, quarum rerum in se arbitrium senatui permitterent, nihil certi responsum est. ita infecta pace dimissi urbe eodem die, Italia intra quindecim dies excedere iussi.

[7] tum de consulum provinciis coeptum agi est. ambo Graeciam cupiebant. multum Laelius in senatu poterat. is, cum senatus aut sortiri aut comparare inter se provincias consules iussisset, elegantius facturos dixit, si iudicio patrum quam si sorti eam rem permisissent.

[8] Scipio response responso ad hoc dato cogitaturum, quid sibi faciendum esset, cum fratre uno locutus iussusque ab eo permittere audacter senatui, renuntiat collegae facturum se, quod is censeret.

[9] cum res aut nova aut vetustate exemplorum memoriae iam exoletae relata expectatione certaminis senatum erexisset, P. Scipio Africanus dixit, si L. Scipioni fratri suo provinciam Graeciam decrevissent, se ei legatum iturum.

[10] haec vox magno adsensu audita sustulit certamen; experiri libebat, utrum plus regi Antiocho in Hannibale victo an in victore Africano consuli legionibusque Romanis auxilii foret; ac prope omnes Scipioni Graeciam, Laelio Italiam decreverult. decreverunt.

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).) — 43.1 focus

[1]

eadem aestate qua in Thessalia haec gesta sunt ¹² ..., ³ legatus in Illyricum a consule missus ⁴ opulenta duo oppida oppugnavit.

[2] ceremiam vi atque ⁵ armis coegit in deditionem; omniaque iis sua concessit, ut opinione clementiae eos, qui Carnuntem, munitam urbem, incolebant, adliceret.

[3] postquam nec ut dederent se compellere neque capere obsidendo poterat, ne duabus oppugnationibus nequiquam fatigatus miles esset, quam prius intactam urbem reliquerat diripuit.

[4] alter consul C. Cassius nec in Gallia, quam sortitus erat, memorabile quicquam gessit et per Illyricum ducere legiones in Macedoniam vano incepto est conatus.

[5] ingressum hoc iter consulem senatus ex Aquileiensium legatis cognovit, qui querentes coloniam ⁶ suam novam et infirmam necdum satis munitam inter infestas nationes Histrorum et Illyriorum esse,

[6] cum peterent ut senatus curae haberet quomodo ea colonia muniretur, interrogati, vellentne eam rem C. Cassio consuli mandari,

[7] responderunt Cassium Aquileiam indicto exercitu profectum per Illyricum in Macedoniam esse. ⁷ ea res primo incredibilis visa, et pro se quisque credere Carnis forsitan aut Histris bellum illatum.

[8] tum Aquileienses: nihil se ultra scire nec audere adfirmare, quam triginta dierum frumentum militi datum et duces qui ex Italia itinera in Macedoniam nossent conquisitos abductosque.

[9] enimvero senatus indignari tantum consulem ausum, ut suam provinciam relinqueret, in alienam transiret, exercitum novo periculoso itinere inter exteras gentes ⁸ duceret, viam tot nationibus in Italiam aperiret. ⁹

[10] decernunt frequentes ut C. Sulpicius praetor tris ex senatu nominet legatos, qui eo die proficiscantur ex urbe et, quantum adcelerare possint, ¹⁰ Cassium consulem, ubicumque sit, persequantur;

[11] nuntient ne bellum cum ulla gente moveat, nisi cum qua senatus gerendum censuerit. ¹¹

[12] legati hi profecti M. Cornelius ¹² Cethegus , M. Fulvius, P. Marcius Rex. metus de consule atque exercitu distulit eo tempore muniendae Aquileiae curam.

Ab urbe condita libri, erklärt von M. Weissenborn Perseus (Weissenborn, W.; Müller, H. J., editors. Berlin: Weidmannsche Buchhandlung, 1873-1883.) — 37.1 focus

[1]

L. Cornelio Scipione C. Laelio consulibus nulla prius secundum religiones acta in senatu res est quam de Aetolis. et legati eorum institerunt, quia brevem indutiarum diem habebant, et ab T. Quinctio , qui tum Romam ex Graecia redierat, adiuti sunt.

[2] Aetoli, ut quibus plus in misericordia senatus quam in causa spei esset, suppliciter egerunt, veteribus benefactis nova pensantes maleficia.

[3] ceterum et praesentes interrogationibus ¹ undique senatorum, confessionem magis noxae quam responsa exprimentium, fatigati sunt, et excedere curia iussi magnum certamen praebuerunt.

[4] plus ira quam misericordia in causa eorum valebat, quia non ut hostibus modo, sed tamquam indomitae et insociabili genti suscensebant.

[6] exprimere cupientibus, quarum rerum in se arbitrium senatui permitterent, nihil certi responsum est. ita infecta pace dimissi urbe eodem die, Italia intra quindecim dies excedere iussi.

[8] Scipio responso ad hoc dato cogitaturum, quid sibi faciendum esset, cum fratre uno locutus iussusque ab eo permittere audacter senatui, renuntiat collegae facturum se, quod is censeret.

[9] cum res aut nova aut vetustate ² exemplorum memoriae iam exoletae relata expectatione certaminis senatum erexisset, P. Scipio Africanus dixit, si L. Scipioni fratri suo provinciam Graeciam decrevissent, se ei legatum iturum.

[10] haec vox magno adsensu audita sustulit certamen: experiri libebat, utrum plus regi Antiocho in Hannibale victo an in victore Africano consuli legionibusque Romanis auxilii foret; ac prope omnes Scipioni Graeciam, Laelio Italiam decreverunt.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 37.1 focus

[1]

Lucius CORNELIUS SCIPIO and Caius Laelius being consuls, no business, after the duties of religion, was transacted in the senate prior to that of the Aetolians. Not only their ambassadors were urgent, because they had a truce of a short period, but they were aided by Titus Quinctius also, who had then returned to Rome from Greece.

[2] The Aetolians, as being persons to whom there was more hope in the mercy of the senate than in their cause, acted suppliantly, weighing their by-gone services against their recent misconduct.

[3] But when present, they were importuned by questions of the senators, wringing from them an acknowledgment of their guilt rather than replies, and when ordered to depart from the senate, they caused a great contest. Resentment had more power in their case than compassion; for the senate were incensed against them not merely as enemies, but as an uncivilized and unsocial race.

[4] After it had been contested several days, it was at last resolved, that peace should neither be granted nor refused.

[5] Two conditions were offered them, either that they should yield to the senate unconditional power over them, or pay one thousand talents, ¹ and have the same friends and enemies. To them, desirous to elicit in what things they should give to the senate unconditional power over them, no positive answer is given; but being thus dismissed, without having concluded a peace, they were ordered to quit the city that very day, and Italy within fifteen days.

[6] They then began to debate concerning the provinces for the consuls. Both of these wished for Greece.

[7] Laelius had a powerful interest in the senate; and when the senate had ordered that the consuls should either cast lots for the provinces, or settle them between themselves, he observed, that they would act with more propriety in leaving that matter to the wisdom of the senators, than to the decision of lot. To this Scipio, an answer being given that he would take advice how he ought to act, having spoken to his brother alone, and having been desired by him to leave it unhesitatingly to the senate, answered his colleague that he would do what he recommended.

[8] When this plan, either original or supported by precedents of a record now lost by antiquity, being referred to the senate, had aroused them by the expectation of a contest, Publius Scipio Africanus said, that

if they decreed that province to his brother, Lucius Scipio, he would go along with him, as his lieutenant-general.

[9] This proposal being received with universal approbation, put an end to all dispute. The senate were well pleased to make the trial, whether king Antiochus should have more effectual aid in the vanquished Hannibal, or the Roman consul and legions in his conqueror Africanus; and they almost all voted Greece to Scipio, and Italy to Laelius.

[10] The praetors then cast lots for their provinces: Lucius Aurunculeius obtained the city jurisdiction; Cneius Fulvius, the foreign; Lucius Aemilius Regil- lus, the fleet; Publius Junius Brutus, the Tuscans; Marcus Tuccius, Apulia and Bruttium; and Caius Atinius, Sicily.

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.) — 37.1 focus

[1]

After the new consuls had taken office and the obligations of religion had been discharged the position of the Aetolians took precedence of all other subjects of discussion in the senate. Their envoys pressed for an audience as the period of the armistice was drawing to a close, and they were backed up by T. Quinctius, who had by that time returned to Rome.

[2] Knowing that they had more to hope from the clemency of the senate than from the strength of their case, they adopted a suppliant attitude and brought up their former good services as a counterpoise to their recent misdoings.

[3] However, while in the House, they were subjected to a fire of questions from all sides, the senators endeavouring to force from them a confession of guilt rather than definite replies, and after they were ordered to withdraw they gave rise to a very lively debate.

[4] The feeling of resentment against them was stronger than that of compassion, for the senate were embittered against them not only as enemies, but as a wild race whose hand was against every man.

[5] The debate went on for several days, and it was finally decided that peace should neither be granted to them nor refused. They were offered two alternatives: either to place themselves unreservedly in the hands of the senate or to pay a fine of 1000 talents and have the same friends and enemies as Rome.

[6] When they endeavoured to get some idea of the matters in regard to which they were to be at the senate's disposal they got no definite reply. The same day they were sent away from the City without having obtained peace and were ordered to leave Italy within the fortnight.

[7] Then the question of the consular provinces came up. Both the consuls wanted Greece. Laelius possessed great influence in the senate, and when it was decided that the consul should either ballot or come to a mutual agreement about their provinces he observed that he and his colleague would act more gracefully if they left the matter to the judgment of the senate rather than to the chances of the ballot.

[8] Scipio said in reply that he should consider what he ought to do, and after a private conversation with his brother, who insisted upon his leaving the matter in the hands of the senate, he told his colleague that he would do what he advised.

[9] This method of procedure as being either unprecedented or resting on precedents of which no record survived was expected to lead to a debate, but P. Scipio Africanus declared that if the senate decreed Greece to his brother Lucius he would serve under him.

[10] This declaration met with universal approval and put an end to any further discussion. The senate were glad of the opportunity of finding out which would receive most help-Antiochus from the vanquished Hannibal or the consul and legions of Rome from his vanquisher Scipio, and they almost unanimously decreed Greece to Scipio and Italy to Laelius.

Notes on the current edition

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

1. B.C. 190

2. The latter would technically make them socii, though in a relation of dependency; this was one of the conditions imposed in 189 B.C. (XXXVIII. viii. 10).

3. B.C. 190

4. In XXXVI. xxii. 8 ff. the Aetolians discovered that Roman and Greek interpretations of diplomatic phraseology differed, and wanted to know what liberum arbitrium could mean. The acceptance of the first proposal in its extreme form might amount to a complete surrender.

5. This put Africanus in a difficult position, with his brother and his friend rivals for the same appointment.

6. Africanus probably thought that he could serve with better grace as legatus under his brother than under the friend who had been his own legatus in Africa. Other versions are found in Cicero ( Philippic XI. 17; Murena 32) and elsewhere.

Titus Livius (Livy) Ab urbe condita 37.1

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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