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), 38.52

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[1] This was the last day of glory to shine on Publius Scipio. Since in future he foresaw unpopularity and quarrels with the tribunes, obtaining a longer adjournment he retired to his country place at Liternum,¹ with the definite intention of not being present to plead his cause.²

[2] His soul and character were too lofty, and too much accustomed to a greater fortune, to know how to be a defendant and to come down to the lowly position of men who must plead their cause.

[3] When the day arrived and the summons for the absent defendant began to be proclaimed, Lucius Scipio gave illness as the reason for his absence.

[4] When the tribunes who had accused him refused to accept this plea and maintained that he had not come to plead his cause because of the same arrogance as that with which he had deserted the trial and the tribunes of the people and the assembly, and with which, attended by those whom he had

[5] robbed of their right to express their opinion of him and of their liberty, leading them captive, as it were, he had celebrated a triumph over the Roman people and had brought about a secession that day from the tribunes of the people to the Capitoline:

You have, therefore,

they said,

your reward for that rash conduct;

[6]

under his leadership and sanction you abandoned us and by him you are³ yourselves abandoned, and so far has our spirit declined day by day that a man for whom seventeen years ago,⁴ when he commanded an army and a fleet, we dared to send tribunes of the people and an aedile, to arrest him and bring him back to Rome —to

[7]

that man, when a private citizen, we do not dare to send messengers to hale him forth from his country place to plead his cause

; the tribunes of the people, when appealed to⁵ by Lucius Scipio, thus decreed:

[8] that, if the plea of illness were submitted, it was their pleasure that this plea should be accepted and the case adjourned by their colleagues. One of the tribunes of the people at this time was Tiberius Sempronius Gracchus,⁶ between whom and Publius Scipio there was a feud.

[9] When he had forbidden his name to be signed to the decree of his colleagues, and all men were anticipating a harsher proposal, he thus decreed: that, since Lucius Scipio had given illness as the excuse for his brother, this seemed to him sufficient;

[10] that he would not permit Publius Scipio to be prosecuted before he returned to Rome; that even then, if he were appealed to, he would come to Scipio's aid, to save him from pleading his cause:⁷

[11] such heights had Publius Scipio reached, as a result of his own deeds and of the honours conferred by the Roman people, with the approbation of gods and men, that to compel him to stand as a defendant before the Rostra and listen to the insults of young men⁸ would be a greater disgrace to the⁹ Roman people than to Scipio himself.

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.) — 38.52 focus

[1] hic speciosus ultimus dies P. Scipioni illuxit. post quem cum invidiam et certamina cum tribunis prospiceret, die longiore prodicta in Literninum concessit certo consilio, ne ad causam dicendam adesset.

[2] maior animus et natura erat ac maiori fortunae adsuetus, quam ut reus esse sciret et summittere se in humilitatem causam dicentium.

[3] ubi dies venit citarique absens est coeptus, L. Scipio morbum causae esse, cur abesset, excusabat.

[4] quam excusationem cum tribuni, qui diem dixerant, non acciperent, et ab eadem superbia non venire ad causam dicendam arguerent, qua iudicium et tribunos plebis et contionem reliquisset,

[5] et, quibus ius sententiae de se dicendae et libertatem ademisset, his comitatus, velut captos trahens, triumphum de populo Romano egisset secessionemque eo die in Capitolium a tribunis plebis fecisset: — “habetis ergo temeritatis illius mercedem;

[6] quo duce et auctore nos reliquistis, ab eo ipsi relicti estis,

[7] et tantum animorum in dies nobis decrescit, ut, ad quem ante annos septemdecim exercitum et classem habentem tribunos plebis aedilemque mittere in Siciliam ausi sumus, qui prenderent eum et Romam reducerent, ad eum privatum ex villa sua extrahendum ad causam dicendam mittere non audeamus” — ;

[8] tribuni plebis appellati ab L. Scipione ita decreverunt: si morbi causa excusaretur, sibi placere accipi ear eam causam diemque a collegis prodici.

[9] tribunus plebis eo tempore Ti. Sempronius Gracchus erat, cui inimicitiae cum P. Scipione intercedebant. is, cum vetuisset nomen suum decreto collegarum adscribi, tristioremque omnes sententiam expectarent, ita decrevit:

[10] cum L. Scipio excusasset morbum esse causae fratri, satis id sibi videri; se P. Scipionem, priusquam Romam redisset, accusari non passurum; tum quoque, si se appellet, auxilio ei futurum, ne causam dicat:

[11] ad id fastigium rebus gestis, honoribus populi Romani P. Scipionem deorum hominumque consensu pervenisse, ut sub Rostris reum stare et praebere aures adolescentium conviciis populo Romano magis deforme quam ipsi sit.

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.) — 38.52 focus

[1]

hic speciosus ultimus dies P. Scipioni illuxit. post quem cum invidiam et certamina cum tribunis prospiceret, die longiore prodicta in Literninum concessit certo consilio, ne ad causam dicendam adesset.

[2] maior animus et natura erat ac maiori fortunae adsuetus, quam ut reus esse sciret et summittere se in humilitatem causam dicentium.

[3] ubi dies venit citarique absens est coeptus, L. Scipio morbum causae esse, cur abesset, excusabat. quam excusationem cum tribuni,

[4] qui diem dixerant, non ¹ acciperent, et ab eadem superbia non venire ad causam dicendam arguerent, qua iudicium et tribunos plebis et contionem reliquisset, et,

[5] quibus ius sententiae de se dicendae et libertatem ademisset, his comitatus, velut captos trahens, triumphum de populo Romano egisset secessionemque eo die in Capitolium a tribunis plebis fecisset:

[6] — “habetis ergo temeritatis illius mercedem; quo duce et auctore nos reliquistis,

[7] ab eo ipsi relicti estis, et tantum animorum in dies nobis decrescit, ut, ad quem ante annos septemdecim exercitum et classem habentem tribunos plebis aedilemque mittere in Siciliam ausi sumus, qui prenderent eum et Romam reducerent, ad eum privatum ex villa sua extrahendum ad ² causam dicendam mittere non audeamus‘

[8] —; tribuni plebis appellati ab L. Scipione ita decreverunt: si morbi causa excusaretur, sibi placere accipi eam causam diemque a collegis prodici.

[10] cum L. Scipio excusasset morbum esse causae fratri, satis id sibi videri; se P. Scipionem , priusquam Romam redisset, accusari non passurum; tum quoque, si se appellet, auxilio ei futurum, ne causam dicat:

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 38.52 focus

[1]

It was, however, the last day that shone with lustre on Publius Scipio. For, as he could foresee nothing but the prosecutions of envy, and continual disputes with the tribunes, the trial

[2] being adjourned to a future day, he retired to the territory of Liternum, with a fixed determination not to attend the trial.

[3] His spirit was by nature too lofty, and habituated to such an elevated course of fortune, that he did not know how to act the part of an accused person, or stoop to the humble deportment of men pleading their cause.

[4] When the day came, and he began to be summoned in his absence, Lucius Scipio pleaded in his excuse that sickness was the reason of his absence.

[5] Which excuse the tribunes, who were the prosecutors, would not admit, but insisted that he did not come to plead his cause, owing to the same arrogance with which he had left the trial, the

[6] tribunes of the people, and the general assembly;

[7] and followed by the very men whom he had robbed of the right of passing sentence on him, together with their freedom of suffrage, had exhibited a triumph over the Roman people, and made a secession, the same day, from the tribunes to the Capitol.

You have therefore,

said they,

the due reward of that thoughtless conduct.

[8]

You are, yourselves, forsaken by him under whose lead and direction you forsook us. And so much is our spirit daily on the decline, that although, seventeen years ago, when he

[9]

was at the head of an army and fleet, we had resolution enough to send plebeian tribunes and an aedile into Sicily to take him into custody, and bring him home to Rome;

[10]

yet we dare not now send to compel him, though a private citizen, to come from his country-seat to stand his trial.

[11] The tribunes of the commons, being appealed to by Lucius Scipio, came to the following determination: that

since the excuse of sickness was pleaded, it was their judgment that this excuse should be admitted, and that the day of trial should be adjourned by their colleagues.

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.) — 38.52 focus

[1]

This splendid day was the last day of brightness for Scipio. He saw before him envious attacks and contests with the tribunes, and so after a somewhat lengthy adjournment had been agreed upon, he retired to Liternum, firmly resolved not to appear in his defence.

[2] His spirit was too high, his mind too great; he had all through held a position too lofty to allow him to accept the position of a defendant or submit to the humiliation of having to plead his cause.

[3] When the day arrived and his name was called, L. Scipio apologised for his absence on the ground of ill-health.

[4] The prosecuting tribunes did not accept the excuse and gave out that his refusal to appear was dictated by the same spirit of pride and arrogance in which he had left the seat of judgment and the tribunes and the Assembly.

[5] Surrounded by the very men whom he had deprived of the right and liberty of passing sentence upon him, and dragging them after him like prisoners of war, he had celebrated a triumph over the people of Rome and had made a secession on that day from the tribunes to the Capitol. "So now," they continued, "you have the due reward of your folly; the man at whose instigation and under whose leadership you deserted us, has now deserted you.

[6] So low is our courage falling day by day, that the man whom

[7] seventeen years ago we dared to send tribunes to Sicily to apprehend, whilst he had an army and a fleet at his command, that man we dare not now, though he is only a private citizen, fetch from his country-house to stand his trial." L. Scipio appealed to the tribunes of the plebs as a body, and they passed the following resolution: "If illness be pleaded as an excuse, it is our pleasure that this excuse be accepted, and our colleagues must again adjourn the day of trial."

[8] Tiberius Sempronius Gracchus was one of the tribunes. He was a political opponent of Scipio, and had forbidden his colleagues to add his name to their resolution.

[9] It was generally expected that he would give a more severe sentence, but he drew up a resolution in the following terms: "Since L. Scipio has pleaded illness as the reason for his brother's absence, I hold that to be sufficient excuse, and will not allow P. Scipio to be put on his trial before his return to Rome;

[10] even then, if he appeals to me, I will support him in any effort to avoid a trial.

[11] Scipio has by the common consent of gods and men attained such a lofty position through his own acts and the honours which the Roman people have conferred upon him, that for him to stand beneath the Rostra as a defendant, and have to listen to the insults of young men, would be a greater ignominy for the people of Rome than for him."

Notes on the current edition

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

1. Liternum was a colony, and Scipio's retirement thereto was not, technically, exile. See, however, the Periocha of this Book.

2. That is, at the third and final day of the trial.

3. B.C. 187

4. Cf. XXIX. xx. 6; this was in connection with the affair of Pleminius.

5. This appeal was taken to the college of tribunes as a whole against the refusal of the Petillii to accept the plea of illness.

6. Cf. XXXVII. vii. 11; he plays an important part in the following chapters.

7. Gracchus would prevent, by the use of his tribunicial powers, a condemnation in Scipio's absence and, on request, any further prosecution.

8. In later times at least, if not at this time, the prosecution of some prominent person was a means of self-advertisement much sought after by ambitious young men: the careers of Cicero and Caesar illustrate.

9. B.C. 187

Titus Livius (Livy) Ab urbe condita 38.52

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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