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), 38.58

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[1] When the trials¹ had been completed by Quintus Terentius the praetor, Hostilius and Furius, who were convicted, gave bond the same day to the City quaestors;

[2] when Scipio protested that all the² money which he had received was in the treasury and that he had no public property, they proceeded to put him in prison.³

[3] Publius Scipio Nasica appealed to the tribunes and delivered a speech full of deserved tributes, not only to the Cornelian gens as a whole, but specifically to his own family.

[4] The fathers, he said, both of himself and of Publius Africanus and the Lucius Scipio who was being imprisoned, were Gnaeus and Publius Scipio, men of the highest distinction.

[5] After they had, through many years in the land of Spain, against many generals and armies alike of Carthaginians and Spaniards, increased the fame of the Roman name, not only in war but because they had given those peoples an

[6] example of Roman self-control and devotion, both had in the end met death for their fatherland.

[7] While it would have been enough, he continued, to maintain for posterity their standard of glory, Publius Africanus had so far surpassed his father's praises that he had given reason to believe that he was born, not of human blood, but of divine stock.

[8] Lucius Scipio, whose fate was now in question, not to mention what he had done in Spain, in Africa, while serving as his brother's lieutenant, had, as consul, been deemed by the senate worthy to have decreed to him, without recourse to the lot, the province of Asia and the war with King Antiochus, and had been deemed by his brother worthy to be attended to Asia by that brother as his lieutenant, after he had been twice consul and censor and had celebrated a triumph.⁴

[9] There, that the greatness and glory of the lieutenant might not obscure the consul's fame, it happened that, on the day when Lucius Scipio defeated Antiochus in pitched battle⁵ at Magnesia, Publius Scipio was sick at Elaea, some days' journey away.

[10] That army, he went on, was no smaller than that of Hannibal, with which they had fought in Africa; that same Hannibal,⁶ who had been commander in the Punic War, was there among many other generals of the king. And the war indeed had been so conducted that no one could find fault even with fortune; it was in the peace that ground for accusation was sought; the peace, they said, had been sold.

[11] On this point, he maintained, the ten commissioners were likewise accused, by whose advice the peace had been concluded;⁷

[12] although some of the ten commissioners had come forward to accuse Gnaeus Manlius, this charge had failed, not only to win belief in his guilt, but even to delay his triumph.

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.) — 38.58 focus

[1] iudiciis a Q. Terentio praetore perfectis,

[2] Hostilius et Furius damnati praedes eodem die quaestoribus urbanis dederunt; Scipio cum contenderet omnem quam accepisset pecuniam in aerario esse, nec se quicquam publici habere, in vincula duci est coeptus.

[3] P. Scipio Nasica tribunos appellavit orationemque habuit plenam veris decoribus non communiter modo Corneliae gentis, sed proprie familiae suae.

[4] parentes suos et P. Africani ac L. Scipionis, qui in carcerem duceretur, fuisse Cn. et P. Scipiones, clarissimos viros.

[5] eos, cum per aliquot annos in terra Hispania adversus multos Poenorum Hispanorumque et duces et exercitus nominis Romani famam auxissent non bello solum,

[6] sed quod Romanae temperantiae fideique specimen illis gentibus dedissent, ad extremum ambo pro republica mortem occubuisse.

[7] cum illorum gloriam tueri posteris satis esset, P. Africanum tantum paternas superiecisse laudes, ut fidem fecerit non sanguine humano sed stirpe divina satum se esse.

[8] L. Scipionem, de quo agatur, ut, quae in Hispania, quae in Africa, cum legatus fratris esset, gessisset, praetereantur, consulem et ab senatu dignum habitum, cui extra sortem Asia provincia et bellum cum Antiocho rege decerneretur, et a fratre, cui post duos consulatus censuramque et triumphum legatus in Asiam iret.

[9] ibi ne magnitudo et splendor legati laudibus consulis officeret, forte ita incidisse, ut, quo die ad Magnesiam signis collatis L. Scipio Antiochum devicisset, aeger P. Scipio Elaeae dierum aliquot via abesset.

[10] non fuisse minorem eum exercitum quam Hannibalis, cum quo in Africa esset pugnatum; Hannibalem eundem fuisse inter multos alios regios duces, qui imperator Punici belli fuerit. et bellum quidem ita gestumr gestum esse, ut ne fortunam quidem quisquam criminari possit;

[11] in pace crimen quaeri; earn eam dici venisse. hic decem legatos simul argui, quorum ex consilio data pax esset;

[12] quamquam exstitissent ex decem legatis, qui Cn. Manlum Manlium accusarent, tamen non modo ad criminis fidem, sed ne ad moram quidem triumphi ear eam accusationem valuisse.

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.) — 38.58 focus

[1]

Hostilius et Furius damnati praedes eodem die quaestoribus urbanis dederunt;

[2] Scipio, cum contenderet omnem quam accepisset pecuniam in aerario esse, nec se quicquam publici habere, in vincula duci est coeptus.

[3] P. Scipio Nasica tribunos appellavit orationemque habuit plenam veris decoribus non communiter modo Corneliae gentis, sed proprie familiae suae.

[4] parentes suos et P. Africani ac L. Scipionis , qui in carcerem duceretur, fuisse Cn. et P. Scipiones , clarissimos viros.

[5] eos, cum per aliquot annos in terra Hispania adversus multos Poenorum Hispanorumque et duces et exercitus nominis Romani famam auxissent non bello solum,

[6] sed quod Romanae temperantiae fideique specimen illis gentibus dedissent, ad extremum ambo pro republica mortem occubuisse.

[7] cum illorum gloriam tueri posteris satis esset, P. Africanum tantum paternas superiecisse laudes, ut fidem fecerit non sanguine humano sed stirpe divina satum se esse.

[8] L. Scipionem , de quo agatur, ut, quae in Hispania, quae in Africa, cum legatus fratris esset, gessisset, praetereantur, consulem et ab senatu dignum visum, cui extra ¹ sortem Asia provincia et bellum cum Antiocho rege decerneretur, et a fratre, cui post duos consulatus censuramque et triumphum legatus in Asiam iret.

[10] non fuisse minorem eum exercitum quam Hannibalis, cum quo in Africa esset pugnatum; Hannibalem eundem fuisse inter multos alios regios duces, qui imperator Punici belli fuerit. et bellum quidem ita gestum esse, ut ne fortunam quidem quisquam criminari possit:

[11] in pace crimen quaeri; eam dici venisse. hic decem legatos simul argui. quorum ex consilio data pax esset:

[12] quamquam exstitisse ex decem legatis. qui Cn. Manlium accusarent; tamen non modo ad criminis fidem. sed ne ad moram quidem triumphi eam accusationem valuisse.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 38.58 focus

[1]

On the proceedings being finished by the praetor Quintius Terentius, Hostilius and Furius, being condemned, gave securities the same day to the city quaestors.

[2] Scipio, when he insisted that all the money received by him was in the treasury, and that he had not in his possession any thing whatever belonging to the public, was ordered to prison.

[3] Publius Scipio Nasica then appealed to the tribunes, and made a speech fraught with just encomiums, not only on the Cornelian family in general, but on his own branch of it in particular.

[4]

His father,

he said, "and the father of Publius Africanus and Lucius Scipio, who was now ordered to prison, were Cneius and Publius Scipio, men of the most illustrious characters;

[5] that when, through a long course of years, they had highly enhanced the reputation of the Roman name in the land of Spain, against many commanders and many armies of the Carthaginians and Spaniards, not only by their military exploits, but also by exhibiting

[6] to the nations of that country brilliant examples of Roman moderation and fidelity, both, at last, fell in the service of the Roman people.

[7] Although it ought to be sufficient to their descendants to support the glory derived from them, yet Publius Africanus so far surpassed his father's renown, as to occasion a belief that he was not sprung from the human race, but was of divine extraction.

[8] As to Lucius Scipio, concerning whom the question then was, to pass over his exploits in Spain and in Africa, (while he was lieutenant-general to his brother,) on his being elected consul, was by the senate considered so worthy, that the province of Asia and the war with Antiochus were assigned him, without leaving it to the decision of the lots; and by his brother, that, after two consulships, the censorship, and a triumph, he attended him into Asia in quality of lieutenant-general.

[9] There, that the great and splendid character of the lieutenant might not eclipse the fame of the consul, it so happened, that, on the day when Lucius Scipio conquered Antiochus in a pitched battle at Magnesia, Publius Scipio was absent at the distance of several days' journey, being sick at Elaea.

[10] The army of the enemy, on that occasion, was not inferior to that of Hannibal, when the battle was fought with him in Africa; and the same Hannibal, who was commander-in-chief in the Carthaginian war, was among many other generals of the king. The war indeed was so conducted, that no one could throw blame even on fortune. A ground of accusation is sought for in the peace; it is said that it was sold.

[11] The ten ambassadors, in pursuance of whose counsel the peace was concluded, are at the same time included in this charge.

[12] Some of the ten ambassadors had even stood forth as accusers of Cneius Manlius, yet their charges were so far from gaining credit that they did not produce even a delay of his triumph.

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.) — 38.58 focus

[1]

When the praetor Q. Terentius had brought the proceedings to a close, Hostilius and Furius, who had been convicted, gave the required sureties to the City quaestors.

[2] Scipio, who stoutly maintained that the whole of the money he had received was in the treasury, and that he had none which belonged to the State, was ordered off to prison.

[3] P. Scipio Nasica formally appealed to the tribunes in a speech full of just and true encomiums on the house of the Cornelii and particularly on his own family.

[4] He pointed out that the two distinguished men, Cn. and P. Scipio, were the fathers respectively of himself, and of P. and L. Scipio, who was now being led to prison.

[5] These two men had for many years fought in Spain against numerous armies of Carthaginians and Spaniards, and had not only added to the glory of Rome, but after presenting to those two nations an example of

[6] Roman moderation and good faith, had at last given their lives for the commonwealth. It would have been enough had their glory been kept untarnished for posterity, but

[7] P. Africanus had so far surpassed his father's renown that men believed him to be sprung from no human parents, but to be of divine origin.

[8] As to Lucius Scipio, whose case was before them, he would pass over all that he had done as his brother's lieutenant in Spain and Africa, and would remind them that when he was consul the senate thought him worthy of being entrusted with Asia and the war with Antiochus as his province, without having recourse to the ballot. His brother, too, though he had been censor and twice consul, and graced with a triumph, went to him to serve as his lieutenant in Asia.

[9] Whilst he was there, as though to prevent the greatness and splendour of the lieutenant from eclipsing the fame of the consul, it so happened that on the day when Lucius Scipio completely defeated Antiochus in the great battle of Magnesia, Publius Scipio was several days' journey away, lying ill at Elaea.

[10] The army that Lucius engaged was not less than that which Hannibal commanded at the battle in Africa. Hannibal who had commanded all through the Punic war was also among the generals with Antiochus. The conduct of the war was such that no one could charge even Fortune with caprice. It is in respect of the peace that the charges are made; the peace is said to have been sold.

[11] If so, the ten commissioners are also involved in the charge; it was on their advice that the peace was granted.

[12] And though out of those ten men some came forward to accuse Cn. Manlius, not only did they fail to prove their charge, they were not even able to delay his triumph.

Notes on the current edition

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

1. Livy seems to be technically correct in his terminology. The iudicium was the trial proper, as distinguished from the preliminary hearing: cf. Iv. 5 above and the note.

2. B.C. 187

3. Execution of judgment on the person of the condemned was permitted when he had or claimed to have no property and did not furnish bond.

4. Cf. XXXVII i. 9.

5. B.C. 187

6. Cf. XXXVII. xli. 1 and the note.

7. This is one of the minor mysteries in this affair: Livy's narrative shows that their dealings had been entirely with Manlius, who, as a matter of fact, had far more opportunity to convert tribute and booty to his own use than Scipio had had. The following sentence is almost conclusive proof that the Scipios were victims of political animus, regardless of their actual guilt or innocence.

Titus Livius (Livy) Ab urbe condita 38.58

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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