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), 38.42

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[1] At almost the end of this year the consul Marcus Valerius came from the Ligurians to Rome to hold the elections of magistrates, having done nothing in the province so worthy of note that it could be a plausible reason for delay, to cause him to arrive later

[2] than usual for the elections. The election of consuls took place on the twelfth day before the Kalends of March;

[3] the successful candidates were Marcus Aemilius Lepidus and Gaius Flaminius.

[4] The next day the praetors were chosen, Appius Claudius Pulcher, Servius Sulpicius Galba, Quintus Terentius Culleo, Lucius Terentius Massiliota, Quintus Fulvius Flaccus, Marcus Furius Crassipes.

[5] Having finished the elections, the consul referred to the senate the question as to which provinces they desired to assign to the praetors. They decreed that two should be stationed in Rome to administer justice, two outside Italy, in Sicily and¹ Sardinia, and two in Italy, at Tarentum and in Gaul;² and they were ordered to cast lots at once, before they were inaugurated.

[6] Servius Sulpicius received the civil jurisdiction, Quintus Terentius that between citizens and aliens, Lucius Terentius Sicily, Quintus Fulvius Sardinia, Appius Claudius Tarentum, Marcus Furius Gaul.

[7] In that year Lucius Minucius Myrtilus and Lucius Manlius, because they were said to have beaten Carthaginian ambassadors, by order of Marcus Claudius, the city praetor, were delivered by the fetials to ambassadors and taken to Carthage.³ There was the rumour of a great war, growing more⁴ dangerous every day, among the Ligurians.

[8] So, on the day when the new consuls laid before the senate the question of the provinces and the general policy, the senate decreed to both consuls the Ligurians as their province.

[9] To this decree of the senate the consul Lepidus objected, declaring that it was improper that both the consuls should be shut up in the valleys of the Ligurians while Marcus Fulvius and Gnaeus Manlius for two years now, the one in Europe, the other in Asia, were lording it as if they were the successors to Philip and Antiochus.

[10] If it were the senate's pleasure that there should be armies in those lands, consuls rather than private citizens⁵ should command them. These men were wandering about, carrying the threat of war to nations upon whom no war had been declared, selling peace for a price.⁶ If it was necessary, he continued, to hold⁷ these provinces with troops, just as the consul Lucius Scipio had succeeded Manius Acilius and had in turn been superseded by the consuls Marcus Fulvius and Gnaeus Manlius, so Fulvius and Manlius should have been replaced by the consuls Gaius Livius and

[11] Marcus Valerius. Now, at any rate, when the Aetolian war was finished, when Asia was rescued from Antiochus, when the Gauls were conquered, either consuls should be sent to command consular armies or the legions should be recalled from there and at length restored to

[12] the state. After hearing this the senate persisted in its decision that both consuls should have the Ligurians as their province; it was voted that Manlius and Fulvius should retire from their provinces and withdraw their armies from them and return to Rome.

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.) — 38.42 focus

[1] exitu prope anni M. Valerius consul ex Liguribus ad magistratus subrogandos Romam venit nulla memorabili in provincia gesta re, ut ea probabilis morae causa esset, quod solito serius ad comitia venisset.

[2] comitia consulibus rogandis fuerunt a. d.

[3] XII. Kal. Martias; creati M. Aemilius Lepidus C. Flaminius. postero die praetores facti Ap. Claudius Pulcher Ser.

[4] Sulpicius Galba Q. Terentius Culleo L. Terentius Massaliota Q. Fulvius Flaccus M. Furius Crassipes.

[5] comitiis perfectis, quas provincias praetoribus esse placeret, retulit ad senatum consul. decreverunt duas Romae iuris dicendi causa, duas extra Italiam, Siciliam ac Sardiniam, duas in Italia, Tarentum et Galliam;

[6] et extemplo, priusquam inirent magistratum, sortiri iussi. Ser. Sulpicius urbanam, Q. Terentius peregrinam est sortitus, L. Terentius Siciliam, Q. Fulvius Sardiniam, Ap. Claudius Tarentum, M. Furius Galliam.

[7] eo anno L. Minucius Myrtilus et L. Manlius, quod legatos Carthaginienses pulsasse dicebantur, iussu M. Claudii praetoris urbani per fetiales traditi sunt legatis et Carthaginem avecti.

[8] in Liguribus magni belli et gliscentis in dies magis fama erat. itaque consulibus novis, quo die de provinciis et de re publica retulerunt, senatus utrisque Ligures provinciam decrevit.

[9] huic senatus consulto Lepidus consul intercedebat, indignum esse praedicans consules ambos in valles Ligurum includi,

[10] M. Fulvium et Cn. Manlium biennium iam, alterum in Europa, alterum in Asia, velut pro Philippo atque Antiocho substitutos regnare. si exercitus in his terris esse placeat, consules iis potius quam privatos praeesse oportere.

[11] vagari eos cum belli terrore per nationes, quibus bellum indictum non sit, pacem pretio venditantis. si eas provincias exercitibus obtinere opus esset, sicut M’. Acilio L. Scipio consul, L. Scipioni M. Fulvius et Cn. Manlius successissent consules,

[12] ita Fulvio Manlioque C. Livium et M. Valerium consules debuisse succedere. nunc certe, perfecto Aetolico bello, recepta ab Antiocho Asia, devictis Gallis, aut consules ad exercitus consulares mitti aut reportari legiones inde reddique tandem rei publicae debere.

[13] senatus his auditis in sententia perseveravit, ut consulibus ambobus Ligures provincia esset; Manlium Fulviumque decedere de provinciis et exercitus inde deducere ac redire Romam placuit.

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).) — 43.23 focus

[1]

Rex cum non ¹ minore vexatione iumentorum hominumque quam venerat in Macedoniam rediit; Appium tamen ab obsidione Phanotes fama ducentis ad Stratum Persei summovit.

[2] Cleuas cum praesidio impigrorum iuvenum insecutus sub radicibus prope inviis montium ² ad mille hominum ex agmine impedito occidit, ad ducentos cepit.

[3] Appius superatis angustiis in campo quem Meleona vocant stativa dierum paucorum habuit. interim Cleuas assumpto Philostrato, qui quingentos ex ³ Epirotarum gente habebat, in agrum Antigonensem transcendit. ⁴ Macedones ad depopulationem profecti;

[4] Philostratus⁵ cum cohorte sua in insidiis loco ⁶ obscuro consedit. in palatos populatores cum erupissent ab Antigonea armati, ⁷ fugientes eos persequentes effusius in vallem insessam ab hostibus praecipitant.

[5] ibi ad mille ⁸ occisis, centum ferme captis, et ubique prospere gesta re prope stativa Appi castra movent, ne qua vis sociis suis ab Romano exercitu inferri possit.

[6] Appius nequiquam in his locis terens tempus, dimissis Chaonum Thesprotorumque ⁹ et si qui alii Epirotae erant praesidiis, cum Italicis militibus in Illyricum regressus, per Parthinorum ¹⁰ socias urbes in hiberna militibus divisis, ¹¹ ipse Romam sacrificii causa redit.

[7] Perseus ex Penestarum gente mille pedites, ducentos equites revocatos Cassandream, praesidio ut essent, misit.

[8] Ab Gentio eadem adferentes redierunt. nec deinde alios atque alios mittendo temptare eum destitit, cum appareret, quantum in eo praesidii esset, nec tamen impetrare ab animo posset, ut impensam in rem maximi ad omnia momenti faceret.

Ab urbe condita libri, erklärt von M. Weissenborn Perseus (Weissenborn, W.; Müller, H. J., editors. Berlin: Weidmannsche Buchhandlung, 1873-1883.) — 38.42 focus

[1]

exitu prope anni M. Valerius consul ex Liguribus ad magistratus subrogandos Romam venit nulla memorabili in provincia gesta re, ut ea probabilis morae causa esset, quod solito serius ad comitia venisset.

[2] comitia consulibus rogandis fuerunt a. d. XII. Kal.

[3] Martias; creati M. Aemilius Lepidus C. Flaminius .

[4] postero die praetores facti Ap. Claudius Pulcher Ser. Sulpicius Galba Q. Terentius Culleo L. Terentius Massaliota Q. Fulvius Flaccus M. Furius Crassipes .

[5] comitiis perfectis, quas provincias praetoribus esse placeret, retulit ad senatum consul. decreverunt ¹ duas Romae iuris dicendi causa, duas extra Italiam, Siciliam ac Sardiniam, duas in Italia, Tarentum et Galliam;

[7] eo anno L. Minucius Myrtilus et L. Manlius , quod legatos Carthaginienses pulsasse dicebantur, iussu M. Claudii praetoris urbani per fetiales traditi sunt legatis et Carthaginem avecti.

[8] in Liguribus magni belli et gliscentis in dies magis fama erat. itaque consulibus novis, quo die de provinciis et de re publica retulerunt, senatus utrisque Ligures provinciam decrevit.

[9] huic senatus consulto Lepidus consul intercedebat, indignum esse praedicans consules ambos in valles Ligurum includi,

[11] vagari eos cum belli terrore per nationes, quibus bellum indictum non sit, pacem pretio venditantis. si eas provincias exercitibus obtinere opus esset, sicut M'. Acilio L. Scipio consul, L. Scipioni M. Fulvius et Cn. Manlius successissent consules,

[13] senatus his auditis in sententia perseveravit, ut consulibus ambobus Ligures provincia esset; Manlium Fulviumque decedere de provinciis et exercitus inde deducere ac redire Romam placuit.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 38.42 focus

[1]

It was almost at the expiration of the year, that the consul, Marcus Valerius, came from Liguria to Rome to elect new magistrates, although he had not performed in his province any memorable act that could afford a reasonable excuse for coming later than usual to the elections.

[2] The assembly for choosing the consuls was held on the twelfth day before the calends of March.

[3] Marcus _Aemilius Lepidus and Caius Flaminius were elected consuls.

[4] The following day, Appius Claudius Pulcher, Servius Sulpicius Galba, Quintus Terentius Culleo, Lucius Terentius Massa, Quintus Fulvius Flaccus, and Marcus Furius Crassipes were elected praetors.

[5] When the elections were concluded, the consul asked the senate what were the provinces that they wished should be given to the praetors: they decreed two for the administration of justice in Rome; two out of Italy —Sicily and Sardinia; and two in Italy —Tarentum and Gaul: the praetors were ordered to cast lots immediately, before they entered on their office.

[6] Servius Sulpicius received by lot the city jurisdiction; Quintus Terentius, the foreign; Lucius Terentius obtained Sicily; Quintus Fulvius, Sardinia; Appius Claudius, Tarentum; and Marcus Furius, Gaul.

[7] In that year, Lucius Minucius Myrtilus and Lucius Manlius, as they were charged with having beaten the Carthaginian ambassadors, were, by order of Marcus Claudius, city praetor, delivered up by heralds to the ambassadors, and carried to Carthage. Reports prevailed of a great war, growing too every day more formidable, in Liguria.

[8] The senate, therefore, decreed Liguria as the province of both the new consuls, on the day that they made their motion in the senate concerning the republic and the provinces.

[9] To this vote the consul, Lepidus, objected, asserting that

it would be highly indecorous to shut up the consuls among the valleys of Liguria, while Marcus Fulvius and Cneius Manlius reigned, a second year, one in Europe, another in Asia, as if substituted in the room of Philip and Antiochus.

[10]

If it was resolved to keep armies in those countries, it was more fitting that consuls, rather than private persons, should have the command of them.

[11]

That they made their circuits with all the terrors of war, among nations against whom war had not been declared, trafficking peace for money. If it was necessary to hold these provinces with armies, in the same manner as Lucius Scipio, consul, had succeeded Manius Acilius, consul; and as Marcus Fulvius and Cneius Manlius succeeded Lucius Scipio; so ought Caius Livius and Marcus Valerius, the consuls, to have succeeded Fulvius and Manlius.

[12]

But, unquestionably, at this time, after the Aetolian war had been concluded, Asia taken from Antiochus, and the Gauls subdued, —either the consuls ought to be sent to the consular armies, or the legions ought be brought home, and restored to the commonwealth.

[13] The senate, although they heard these words, persisted in their vote, that Liguria should be the province of both the consuls; but they ordered, that Manlius and Fulvius should leave their provinces, withdraw the troops, and come home to Rome.

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.) — 38.42 focus

[1]

It was almost at the close of the year that the consul M. Valerius came from Liguria to elect new magistrates. He had done nothing worth mentioning in his province, and this might have been the reason why he had come at a later date

[2] than usual to conduct the elections.

[3] The consular elections were held on February 18; the new consuls were M. Aemilius Lepidus and C. Flaminius. The praetors elected on the following day were Ap. Claudius Pulcher, Ser.

[4] Sulpicius Galba, Q. Terentius Culleo, L. Terentius Massiliota, Q. Fulvius Flaccus, and M. Furius Crassipes.

[5] When the elections were over the consuls asked the senate to settle what provinces were to be assigned to the praetors. They decreed that there should be two in Rome for the administration of justice; two outside Italy, namely Sicily and Sardinia; two in Italy itself, namely Tarentum and Gaul; and the praetors were ordered to ballot at once for these before they took office.

[6] The civic jurisdiction fell to Ser. Sulpicius, the alien to Q. Terentius, Sicily went to L. Terentius, Sardinia to Q. Fulvius, Tarentum to Ap. Claudius, and Gaul to M. Furius.

[7] During the year L. Minucius Myrtilus and L. Manlius were charged with having beaten the Carthaginian ambassadors. They were handed over to them by the fetials and carried off to Carthage.

[8] There were rumours of a warlike movement on a large scale in Liguria, which was every day growing more serious. In consequence of this the senate decreed that both the consuls should have Liguria as their province. The consul Lepidus opposed this resolution and protested against both consuls being confined to the valleys of Liguria.

[9] M. Fulvius, he said, and Cn. Manlius had now for two years been acting like kings, the one in Europe, the other in Asia, as though they had replaced Philip and Antiochus on their thrones.

[10] If it was the pleasure of the senate that there should be armies in those countries it was more fitting that consuls should command them than unofficial citizens.

[11] They were visiting with all the horrors of war nations against whom no war had been proclaimed, and selling peace to them at a price. If it was necessary that armies should occupy those provinces, then C. Livius and M. Valerius as consuls ought to succeed Fulvius and Manlius, just as L. Scipio, when consul, succeeded Manius Acilias, and M. Fulvius and Cn. Manlius, when they became consuls, succeeded L. Scipio.

[12] Now, at all events, seeing that the war in Aetolia was at an end, Asia taken from Antiochus, and the Gauls subjugated, either consuls ought to be sent to command consular armies, or the legions brought home and restored to the republic.

[13] After listening to this speech the senate adhered to their decision that Liguria should be the province of both consuls, and Manlius and Fulvius were to resign their provinces, bring their armies away and return to Rome.

Notes on the current edition

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

1. B.C. 188

2. The whole procedure is irregular, probably because the elections were held less than a month before the inauguration.

3. Claudius probably acted under instructions from the senate. Valerius Maximus (VI. vi. 3), who cites this incident as an example of publica fides, dates it a year later.

4. B.C. 187

5. Lepidus raises an important constitutional question, not to be easily answered, whether a magistrate could hold his imperium indefinitely, i.e. until he was relieved. The imperium of Fulvius and Manlius had been prorogued for one year (xxxv. 3 above), and this period was now at an end. Another question which he raises is whether a proconsul was technically a privatus in the sense that Scipio, for example, was privatus cum imperio in Spain. Unfortunately, Lepidus is too much influenced by his feud with Fulvius to be a good witness on either point.

6. Manlius, rather than Fulvius, was guilty of this conduct, and the narrative of the Galatian campaign (xii 11 —xxvii above; see also the notes, passim) gives altogether too much support to these charges. They were elaborated by Furius and Aemilius Paulus in chaps. xlv —xlvi below.

7. B.C. 187

Titus Livius (Livy) Ab urbe condita 38.42

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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