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), 38.56

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[1] Much else is said, especially about the end of Scipio's life, his trial, his death, his funeral, his tomb, all so contradictory that I find no tradition, no written documents, which I can accept.

[2] There is no unanimity as to his accuser: some say that Marcus Naevius¹ accused him, others the Petillii; there is no agreement as to the time when he was prosecuted nor as to the year when he died² nor as to where he died or was buried; some say that both death and burial took place at Rome, others at Liternum.

[3] In both places tombs and statues are shown;

[4] for at Liternum³ there is a tomb and a statue placed upon the tomb, which I myself saw recently, shattered by⁴ a storm, and at Rome, outside the Porta Capena, in the tomb of the Scipios, there are three statues, two of which are said to represent Publius and Lucius Scipio, the third the poet Quintus Ennius.⁵

[5] Not only is there disagreement among historians, but the speeches also (if indeed those which are in circulation are genuine works of these men) of Publius Scipio⁶ and Tiberius Gracchus⁷ are inconsistent with one another.

[6] The index⁸ of the speech of Publius Scipio contains the name of Marcus Naevius, tribune of the people; the speech itself lacks the name of the accuser; it calls him now

a ne'er-do-well,

now

a no-good.

[7] Nor does the speech of Gracchus make any mention at all either of the Petillii as accusers of Africanus or of the prosecution of Africanus. Another entirely different story must be put together, consistent with the oration of Gracchus,

[8] and those writers must be followed who say that, when Lucius Scipio was both accused and convicted of receiving money from the king, Africanus was serving on a commission in Etruria;⁹

[9] that, leaving this post after receiving the news of his brother's downfall, he hastened to Rome, and when he had gone from the gate straight to the Forum, because it was said that his brother was being put in chains, that he drove the messenger from him, and that when the tribunes tried to stop him he attacked them, with more affection for his-brother than respect for the laws.¹⁰

[10] For it is just this conduct that Tiberius Gracchus complains of —that the tribunicial power had been infringed by a private citizen, and at the end, when he promised his official assistance to Lucius Scipio, he added that it seemed to be a more endurable precedent that a tribune of the people rather than a private citizen should have overthrown both the tribunicial power and the state.¹¹

[11] But this one act of uncontrolled violence on Scipio's part he loaded with reproaches in such a way that, taunting him because he had fallen so far below his own standards, he paid him, as compensation for his criticism of the moment, lasting and accumulated praises for his integrity and self-command; for he said that the people had once been rebuked by Scipio because they wished to make him perpetual¹² consul and dictator;

[12] that he forbade statues to himself to be erected in the Comitium, on the Rostra, in the Curia, on the Capitoline, in the cell of Jupiter;

[13] that he prevented also a decree that his image in triumphal dress should appear to be coming out of the temple of Jupiter Optimus Maximus.¹³

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.) — 38.56 focus

[1] multa alia in Scipionis exitu maxime vitae dieque dicta, morte, funere, sepulcro, in diversum trahunt, ut, cui famae, quibus scriptis adsentiar, non habeam.

[2] non de accusatore convenit: alii M. Naevium, alii Petillios diem dixisse scribunt, non de tempore, quo dicta dies sit, non de anno, quo mortuus sit,

[3] non ubi mortuus aut elatus sit; alii Romae, alii Literni et mortuum et sepultum. utrobique monumenta ostenduntur et statuae; nam et Literni monumentum monumentoque statua superimposita fuit,

[4] quam tempestate deiectam nuper vidimus ipsi, et Romae extra portam Capenam in Scipionum monumento tres statuae sunt, quarum duae P. et L. Scipionum dicuntur esse,

[5] tertia poetae Q. Ennii. nec inter scriptores rerum discrepat solum, sed orationes quoque, si modo ipsorum sunt quae feruntur, P. Scipionis et Ti. Gracchi abhorrent inter se.

[6] index orationis P. Scipionis nomen M. Naevii tribuni plebis habet, ipsa oratio sine nomine est accusatoris; modo nebulonem, modo nugatorem appellat.

[7] ne Gracchi quidem oratio aut Petilliorum accusatorum Africani aut diei dictae Africano ullam mentionem habet.

[8] alia tota serenda fabula est Gracchi orationi conveniens, et illi auctores sequendi sunt, qui, cum L. Scipio et accusatus et damnatus sit pecuniae captae ab rege legatum in Etruria fuisse Africanum tradunt;

[9] qua post famam de casu fratris adlatam relicta legatione cucurrisse eum Romam et, cum a porta recta ad forum se contulisset, quod in vincula duci fratrem dictum erat, reppulisse a corpore eius viatorem, et tribdis tribunis retinentibus magis pie quam civiliter vim fecisse.

[10] haec enim ipsa Ti. Gracchus queritur dissolutam esse a privato tribuniciam potestatem, et ad postremum, cum auxilium L. Scipioni pollicetur, adicit tolerabilioris exempli esse a tribuno plebis potius quam a privato victam videri et tribuniciam potestatem et rem publicam esse.

[11] sed ita hanc unam impotentem eius iniuriam invidia onerat, ut increpando quod degenerarit tantum a se ipse, cumulatas ei veteres laudes moderationis et temperantiae pro reprehensione praesenti reddat;

[12] castigatum enim quondam ab eo populum ait, quod eum perpetuum consulem et dictatorem vellet facere; prohibuisse statuas sibi in comitio, in Rostris, in curia, in Capitolio, in cella Iovis poni;

[13] prohibuisse, ne decerneretur, ut imago sua triumphali ornatu e templo Iovis optimi maximi exiret,

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.) — 38.56 focus

[1]

morte, funere, sepulcro, in diversum trahunt, ut, cui famae, quibus scriptis adsentiar, non habeam.

[2] non de accusatore convenit: alii M. Naevium , alii Petillios diem dixisse scribunt, non de tempore, quo dicta dies sit, non de anno, quo mortuus sit, non ubi mortuus aut elatus sit:

[3] alii Romae, alii Literni et mortuum et sepultum. utrobique monumenta ostenduntur et statuae: nam et Literni monumentum monumentoque statua superimposita fuit, quam tempestate disiectam nuper vidimus ipsi,

[4] et Romae extra portam Capenam in Scipionum monumento tres statuae sunt, quarum duae P. et L. Scipionum dicuntur esse, tertia poetae Q. Ennii .

[5] nec inter scriptores rerum discrepat ¹ solum, sed orationes quoque, si modo ipsorum sunt quae feruntur, P. Scipionis et Ti. Gracchi abhorrent inter se.

[6] index orationis P. Scipionis nomen M. Naevii tribuni plebis habet, ipsa oratio sine nomine est accusatoris; modo nebulonem, modo nugatorem appellat.

[7] ne Gracchi quidem oratio aut Petilliorum accusatorum Africani aut diei dictae Africano ullam mentionem habet.

[8] alia tota serenda fabula est Gracchi orationi conveniens, et illi auctores sequendi sunt, qui, cum L. Scipio et accusatus et damnatus sit pecuniae captae ab rege, legatum in Etruria fuisse Africanum tradunt,

[9] quo post famam de casu ² fratris adlatam relicta legatione cucurrisse eum Romam et, cum a porta recta ad forum se contulisset, quod in vincula duci fratrem dictum erat, reppulisse a corpore eius viatorem, et tribunis retinentibus magis pie quam civiliter vim fecisse.

[10] hinc enim ipse Gracchus queritur dissolutam esse a privato tribuniciam potestatem, et ad postremum, cum auxilium L. Scipioni pollicetur, adicit tolerabilioris exempli esse a tribuno plebis potius quam a privato victam videri et tribuniciam potestatem et rem publicam esse.

[11] sed ita hanc unam impotentem eius iniuriam invidia onerat, ut increpando, quod degenerarit tantum a se ipse, cumulatas ³ ei veteres laudes moderationis et temperantiae pro reprehensione praesenti reddat:

[12] castigatum enim quondam ab eo populum ait, quod eum perpetuum consulem et dictatorem vellet facere; prohibuisse statuas sibi in comitio, in Rostris, in curia, in Capitolio, in cella Iovis poni;

[13] prohibuisse, ne decerneretur, ut imago sua triumphali ornatu e templo Iovis optimi maximi exiret.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 38.56 focus

[1]

Many other things are at variance respecting the latter part, particularly, of Scipio's life, that is to say, his trial death, funeral, and sepulchre, so that I cannot determine which tradition or which writings I ought to credit.

[2] Writers do not agree as to his accuser; some affirming that Marcus Naevius, others that the Petillii, instituted the prosecution; neither are they agreed as to the time when it was carried on; nor the year in which he died; nor the place; nor where he was buried.

[3] Some assert, that he died and was buried at Rome; others, at Liternum; and in both places memorials and statues of him are shown. For at Liternum there was a monument, and on it stood his statue, which we in person lately saw cast down by a storm.

[4] At Rome likewise, on a monument of the Scipios outside the Capuan gate, are three statues, two of which are said to be those of Publius and Lucius Scipio, and the third that of the poet Quintus Ennius.

[5] Nor do these differences exist between historians only; the speeches attributed to Publius Scipio and Tiberius Gracchus, if they really are theirs, differ widely from one another. The title of Publius Scipio's speech bears the name of Marcus Naevius, the tribune of the commons; the speech itself does not furnish the name of the prosecutor; it only calls him sometimes a knave, sometimes a trifler.

[6] Even the speech of Gracchus makes no mention of the Petillii accusing Africanus, or of the prosecution carried on against him.

[7] An entirely different story must be framed consistent with the speech of Gracchus; and those writers must be followed who affirm, that, at the time when Lucius Scipio was impeached, and convicted of having taken money from the king, Africanus was a lieutenant-general in Etruria;

[8] whence, on hearing of this misfortune, throwing up his commission, he hastened to Rome; and when he came straight from the gate to the forum, because he was told that his brother was being led into con- finement, he drove away the officer from his person; and, on the tribunes attempting to detain him, laid violent hands on them, showing more affection towards his brother than regard for the laws.

[9] Of these acts, Gracchus himself complained, saying, that the tribunitian power was annulled by a private person; and at last, when he promises support to Lucius Scipio, he adds, that the precedent would be more tolerable, if both the tribunitian authority and the state appeared to be overpowered by a tribune of the commons, than if by a private citizen.

[10] But he loaded him with reproaches for this signal instance of intemperate violence, in such a manner, that while he charged him with having degenerated so far from himself, he gave to him his long-established praises for moderation, self-control, with many-fold increase, so as to make ample amends for the present reprehension.

[11] For he said, that the people were formerly severely rebuked by Scipio, because they wished to make him perpetual consul and dictator; that he hindered statues from being erected to him in the comitium, in the rostrum, in the senate-house, in the Capitol, in the chapel of Jupiter's temple, and that he prevented a decree being passed, that his image, in a triumphal habit, should be brought in procession out of the temple of Jupiter the supremely good and great.

[12] Such particulars as these, which even an enemy acknowledged while censuring him, even if inserted in a professed panegyric, would demonstrate an uncommon greatness of mind,

[13] in limiting his honours conformably to his position as a citizen.

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.) — 38.56 focus

[1]

There are many other details in which writers differ, especially as regards his closing years, his impeachment, his death, his funeral, and his tomb, so that I cannot decide what traditions or documents to follow.

[2] There is no agreement as to the prosecutors. . Some say that M. Naevius, others that the Petillii, initiated the proceedings; nor as to the date when they began, nor the year in which he died, nor where he was buried.

[3] Some say that he died and was buried in Rome; others say in Liternum. In both places his monument and statues are shown. At Liternum there was a monument surmounted by a statue which we have seen lately, and which was overthrown by a storm.

[4] At Rome there are three statues above the monument of the Scipios; two are said to be those of Publius and Lucius; the third that of the poet Q. Ennius. Nor is it only the chroniclers who differ; even the speeches, if they are really those of the men whose they are said to be, viz.,

[5] P. Scipio and Tiberius Gracchus, cannot be brought into agreement. The title of Scipio's speech gives the prosecutor's name as M. Naevius; in the speech itself the name does not appear; sometimes he describes him as a knave, sometimes as a trifler.

[6] Even the speech of Gracchus makes no mention of the Petillii as the prosecutors of Africanus, nor of the actual proceedings.

[7] Quite another story will have to be put together to fit this speech of Gracchus, and we shall have to follow those authorities who aver that at the time when Lucius Scipio was tried and convicted of having taken bribes from the king, Africanus was serving in a subordinate command in Etruria and, on hearing of the misfortune which had befallen his brother, hurried back to Rome.

[8] On learning that his brother was being taken to prison, he went straight to the Forum, drove off the officer who had charge of him and, his affection for his brother getting the better of his citizenship, even used violence towards the tribunes who tried to hold him back.

[9] Gracchus himself complains that in this instance the authority of the tribunes was successfully defied by a private citizen, and at the end of his speech where he promises to support Scipio, he adds that it would form a better precedent were it to appear that the tribunitian and State authority had been overborne by a tribune of the plebs rather than by a private citizen.

[10] But while he reproaches him bitterly for losing his self-control in this one outbreak of lawlessness, and censures him for having fallen so far below himself, he makes up for his censures in recalling the high esteem in which Scipio was held in the old days for his equable and self-disciplined character.

[11] He reminded his hearers how severely Scipio rebuked the people for wishing to make him perpetual consul and dictator; how he had prevented them from raising statues to him in the Comitium, the Rostra, the senate house, and in the shrine of Jupiter on the Capitol, and how he had prevented a decree from being passed authorising his image decked in triumphal garb to be borne in procession from the temple of Jupiter Optimus Maximus.

[12] These things, even if inserted in a public eulogium, would still be a proof of his greatness of soul in keeping his honours within the limits of ordinary civic life;

[13] how much more so when they are the admissions of an enemy.

Notes on the current edition

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

1. Naevius was tribune in 184 B.C. (XXXIX. lii. 4 below).

2. Livy returns to this question in dealing with the year 183 B.C. (XXXIX. lii.).

3. Seneca, writing to Lucilius from Scipio's villa at Liternum, says . . . ara quam sepulchrum esse tanti viri suspicor ( Ep. LXXXVI. 1). Strabo (p. 243) also mentions the tomb, but there seems to be no other reference to the statue of which Livy speaks.

4. B.C. 187

5. No inscriptions to Publius or Lucius Scipio and no identifiable statue of either has been found in the Scipio tomb. The bust which some suppose to be that of Ennius exists in the Vatican Museum.

6. Cicero ( Brutus 77) had few specimens of Scipio's style, but he quotes a punning fragment from a speech against Naevius ( quid hoc Naevio ignavius: De Or. II. 249). But Livy (sect. 6 below) says that Naevius was not mentioned in the speech itself. There is a slight indication that Livy and Gellius ( l.c.) read the same speech, since Livy says that Scipio called his accuser nebulonem, and this word occurs in the direct quotation given by Gellius.

7. This speech is otherwise unknown.

8. The index was a tag fastened to the projecting end of the rod on which the roll was wound, containing the title of the work contained in that roll.

9. Nothing further is known of this commission, although Gellius (VI. (VII.) xix) tells the rest of the story, with greater detail.

10. B.C. 187

11. The presumable situation was this: L. Scipio had been condemned by a tribune to pay a fine; in default of bond he would be imprisoned and could be released only by another tribune; Gracchus finally assumed the responsibility of freeing him after Africanus had committed his assault.

12. Valerius Maximus (IV. i. 6) tells a similar story, but the occasion of the rebuke is unknown. It seems probable that Livy uses perpetuus in the sense of

for a considerable continuous period,

contrasting it with in annum: cf. XXIV. viii. 7.

13. Appian ( Iber. 23) reports that this was done despite the protests of Scipio.

Titus Livius (Livy) Ab urbe condita 38.56

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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