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), 38.54

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[1] On the death of Africanus the spirits of his

[2] adversaries rose, the first of them being Marcus Porcius Cato, who even during his life had been accustomed to snarl at his greatness. It was with his backing, it is thought, that the Petillii initiated the prosecution of Africanus while he lived and after his death introduced a motion.

[3] The motion was to this effect:

Do you wish and order,¹ citizens, with respect to the money which was captured from,² taken from, levied upon King Antiochus and those who were under his rule, and what of this money has not been accounted for to the state,³ that regarding this matter Servius Sulpicius

[4]

the city praetor shall refer to the senate the question, whom, of those who are now praetors, the senate wishes to investigate this matter?

[5] This proposal was at first vetoed by Quintus and Lucius Mummius; they deemed it proper that the senate should inquire regarding money which had not been turned in to the treasury in the manner in which it had always been done before.⁴

[6] The Petillii kept assailing the influential position and tyrannical power of the Scipios in the senate. Lucius Furius Purpurio, a man of consular rank, who had been one of the ten commissioners in Asia, proposed to extend the field of

[7] the investigation to include moneys which had been taken, not only from Antiochus, but from other kings and peoples as well, striking at his enemy Gnaeus Manlius.⁵

[8] Lucius Scipio also, who was evidently about to speak for himself rather than against the bill, came forward to oppose it. He complained that only after the death of his brother Publius Africanus, a man conspicuous above all for courage and fame, this proposal had originated;

[9] for it was not enough that no eulogy had been pronounced before⁶ the Rostra over Publius Africanus after his death⁷ without also bringing charges against him;

[10] even the Carthaginians had been satisfied with the exile of Hannibal, the Roman people was not content even with the death of Publius Scipio without also tearing to shreds his reputation as he lay in the tomb, and, besides, sacrificing his brother as an additional victim to their jealousy.

[11] Marcus Cato supported the bill —and a speech of his on the money of King Antiochus is extant —and by his influence deterred the tribunes, the Mummii, from further opposing the measure.

[12] With their veto withdrawn, therefore, all the tribes voted

aye.

⁸

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.) — 38.54 focus

[1] morte Africani crevere inimicorum animi,

[2] quorum princeps fuit M. Porcius Cato, qui vivo quoque eo adlatrare magnitudinem eius solitus erat. hoc auctore existimantur Petillii et vivo Africano rem ingressi et mortuo rogationem promulgasse.

[3] fuit autem rogatio talis: “velitis iubeatis, Quirites, quae pecunia capta ablata coacta ab rege Antiocho est quique sub imperio eius fuerunt, quod eius in publicum relatum non est, uti de ea re Ser.

[4] Sulpicius praetor urbanus ad senatum referat, quem eam rem velit senatus quaerere de iis, qui praetores nunc sunt.”

[5] huic rogationi primo Q. et L. Mummii intercedebant, senatum quaerere de pecunia non relata in publicum, ita ut antea semper factum esset, aequum censebant.

[6] Petillii nobilitatem et regnum in senatu Scipionum accusabant. L. Furius Purpureo consularis, qui in decem legatis in Asia fuerat,

[7] latius rogandum censebat, non quae ab Antiocho modo pecuniae captae forent, sed quae ab aliis regibus gentibusque, Cn.

[8] Manlium inimicum incessens. et L. Scipio, quem magis pro se quam adversus legem dicturum apparebat, dissuasor processit. is morte P. Africani fratris, viri omnium fortissimi clarissimique, eam exortam rogationem est conquestus;

[9] parum enim fuisse non laudari pro Rostris P. Africanum post mortem, nisi etiam accusaretur;

[10] et Carthaginienses exilio Hannibalis contentos esse, populum Romanum ne morte quidem P. Scipionis exsatiari, nisi et ipsius fama sepulti laceretur et frater insuper, accessio invidiae, mactetur.

[11] M. Cato suasit rogationem — exstat oratio eius de pecunia regis Antiochi — et Mummios tribunos auctoritate deterruit, ne adversarentur rogationi.

[12] remittentibus ergo his intercessionem omnes tribus uti rogassent iusserunt.

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.) — 38.54 focus

[1]

morte Africani crevere inimicorum animi, quorum princeps fuit M. Porcius Cato , qui vivo quoque eo adlatrare magnitudinem eius solitus erat.

[2] hoc auctore existimantur Petillii et vivo Africano rem ingressi et mortuo rogationem promulgasse.

[3] fuit autem rogatio talis: ”velitis iubeatis, Quirites, quae pecunia capta ablata coacta ab rege Antiocho est quique sub imperio eius fuerunt, quod eius in publicum relatum non est, uti de ea re

[4] Ser. Sulpicius praetor urbanus ad senatum referat, quem eam rem velit senatus quaerere de iis, qui praetores nunc sunt.

[5] “ huic rogationi primo Q. et L. Mummii intercedebant; senatum quaerere de pecunia non ¹ relata in publicum, ita ut antea semper factum esset, aequum censebant.

[6] Petillii nobilitatem et regnum in senatu Scipionum accusabant. L. Furius Purpureo consularis, qui in decem legatis in Asia fuerat,

[7] latius rogandum censebat, non quae ab Antiocho modo pecuniae captae forent, sed quae ab aliis regibus gentibusque, Cn. Manlium inimicum incessens.

[8] et L. Scipio , quem magis pro se quam adversus legem dicturum apparebat, dissuasor processit. is morte P. Africani fratris, viri omnium fortissimi clarissimique, eam exortam rogationem est conquestus:

[9] parum enim fuisse non laudari pro Rostris P. Africanum post mortem, nisi etiam accusaretur; et Carthaginienses exilio Hannibalis contentos esse,

[10] populum Romanum ne morte quidem P. Scipionis exsatiari, nisi et ipsius fama sepulti laceretur et frater insuper, accessio invidiae, mactetur.

[11] M. Cato suasit rogationem — exstat oratio eius de pecunia regis Antiochi — et Mummios tribunos auctoritate deterruit, ne adversarentur rogationi.

[12] remittentibus ergo his intercessionem omnes tribus uti rogassent iusserunt.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 38.54 focus

[1]

The death of Africanus increased the courage of his enemies, the chief of whom was Marcus Porcius Cato, who, even during his life, was accustomed to sneer at his splendid character.

[2] The Petillii are supposed, both to have commenced the prosecution against Africanus at his instigation while he was alive, and on his death to have proposed a bill against him.

[3] The motion for the order was made in these words:

Romans, is it your will and order, with respect to the money taken, carried off, and collected from king Antiochus, and those under his government, and with respect to such part thereof as has not been accounted for to the public, that Servius Sulpicius,

[4]

the city praetor, shall ask the senate which of the present praetors they will appoint to hold an inquiry concerning those matters?

[5] Quintus and Lucius Mummius at first objected to this motion: they thought it proper that, according to the practice always hitherto observed, the senate should make the inquiry concerning such money as had not been brought into the public treasury. The Petillii represented the great influence, the sovereign power which the Scipios possessed in the senate.

[6] Lucius Furius Purpureo, a senator of consular rank, who had been one of the ten ambassadors in Asia, was of opinion that the inquiry ought to be carried to a wider extent;

[7] not only as to the money taken from Antiochus, but to what had been taken from other kings and nations, attacking his enemy Cneius Manlius.

[8] Lucius Scipio, who, it was evident, was arguing rather in favour of himself than against the order, stood forward to oppose it. He complained heavily of such a motion being brought on after the death of his brother, Publius Africanus, the bravest and most illustrious of men. For

it had not been deemed sufficient that Publius Africanus was not eulogized from the rostrum after his death, unless he should be also the subject of accusation.

[9]

The Carthaginians had been content with the banishment of Hannibal, but the Roman people

[10]

would not be satisfied even with the death of Publius Scipio, unless, after lie was laid in his grave, his character were mangled, and his brother also sacrificed, another victim to envy.

[11] Marcus Cato supported the motion in a speech on the money of king Antiochus, which is still extant; and, by his influence, deterred the Mummii, the two tribunes, from their opposition to the order.

[12] On their withdrawing their intended protest, every one of the tribes voted in favour of the motion.

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.) — 38.54 focus

[1]

With the death of Africanus the courage of his enemies rose.

[2] The foremost of these was M. Porcius Cato, who even during Scipio's lifetime was constantly belittling his greatness, and it was at his instigation, it was thought, that the Petillii attacked him whilst he was alive.

[3] After his death they introduced into the Assembly the following motion: "Touching the money which was seized, confiscated and exacted from Antiochus and his subjects, is it your will and pleasure, Quirites, that in respect of such money as has not been accounted for to the State, the City praetor Servius Sulpicius shall consult the senate as to which of the acting praetors it shall appoint to investigate the matter?"

[4] The two Mummii, Quintus and Lucius, interposed their veto to this proposal;

[5] they considered that where money had not been accounted for to the State, it was only right and proper that the senate should conduct such investigation as it always had done previously. The Petillii accused the nobility and the despotic power which the Scipios possessed over the senate.

[6] L. Furius Purpurio, a man of consular rank, one of the ten commissioners, thought that the inquiry ought to go further.

[7] By way of damaging his enemy Cn. Manlius, he suggested that it ought to include not only the amount taken from Antiochus, but all that had been taken from other kings and nations.

[8] L. Scipio, who it was evident would speak more in his own defence than against the proposal, came forward to oppose it. He protested strongly against this question being raised after the death of his brother P. Africanus, of all men the bravest and most illustrious.

[9] No public eulogium had been made over him when he died, but that was not enough, now accusations must be levelled at him.

[10] Even the Carthaginians were content with banishing Hannibal; the Roman people were not satisfied with the death of Africanus, but his reputation must be torn to pieces over his tomb, and as an aggravation of malice, his brother also must be sacrificed. M. Cato supported the motion; his speech, "Concerning the money of King Antiochus," is still extant.

[11] The weight of his authority deterred the Mummii from opposing it, and as these withdrew their veto, the proposal was earned by

[12] the unanimous vote of the Tribes.

Notes on the current edition

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

1. The formula retains the subjunctive even in direct quotation.

2. B.C. 187

3. There was no systematic or effective method of verifying a general's returns of the booty he had collected; one device, of uncertain validity, was seen in the case of Glabrio (XXXVII. lvii. 13-14). The episode of Scipio Nasica (XXXVI. xxxvi. 1-2 and the note) suggests that the senate was either unable to secure accurate information or tolerant of plausible irregularities in the accounts of a general and his quaestor. Yet the fears of Manlius and the investigation which follows of the accounts of the Scipios show that some method existed, although one wonders how the Petillii knew that there were discrepancies in the present instance.

4. The protest is not against the auditing of the accounts but at the method, which, to judge from similar incidents in Roman history, was designed to increase the probability of a conviction. The Romans were generally intuitively distrustful of special procedures invented for particular situations.

5. It is clear from XXXIX. vi. 4 that Manlius was afraid of such an inquiry, although he could say that missing property had been carried off by the Thracians.

6. B.C. 187

7. The habit of pronouncing public laudationes over distinguished men was very old (II. xlvii. 11, etc.). It would appear from liii. 8 above that Africanus had not wanted such a eulogy.

8. The alternative formula

uti rogas

is also employed: ef XXXIII. xxv. 7.

Titus Livius (Livy) Ab urbe condita 38.54

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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