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), 39.38

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[1] ¹ As far as the abolition of the laws is concerned, I consider that the tyrants took away their ancient laws from the Lacedaemonians; that we did not take from them what they did not possess, but gave² them our own laws;

[2] I believe, too, that the measures we took were not for the disadvantage of the Lacedaemonian state, since we made it part of our League and united it with us, so that there was one body and one council for the whole Peloponnesus. Then and then only, in my judgment, if we ourselves lived under one code and imposed another upon them, would they be able to complain and feel indignant that their status was unfair.

[3]

I know, Appius Claudius, that the speech that I have thus far delivered is neither that of allies in the presence of allies nor that of a free people, but in reality that of slaves arguing before their masters. For if those words of the herald, with which you Romans ordered the Achaeans first of all to be free,³ were not a mere sham, if the treaty was in fact valid, if the alliance and friendship are being impartially observed, why do I not ask what you Romans did when you took Capua, as you demand an explanation of what we Achaeans did when the Lacedaemonians were conquered in war?⁴

[4]

Some of them, let us assume, were killed by us: what of it? Did you not behead Campanian senators? But, you say, we tore down their walls: you destroyed, not the walls alone, but the city, the farm lands. The treaty, you say, looks as if it were between equals: in fact, among the Achaeans liberty is a thing bestowed as a favour, among the Romans it amounts even to sovereignty.⁵

[5]

I know this, Appius, and if I should not I do not object; but at any rate I beg you, no⁶ matter how great the difference may be between the Romans and the Achaeans, not to permit your enemies and ours to be on an equal footing before you with us, your allies, or rather on a better footing. For we brought it about that they were equal when we gave them our laws, when we made them members of the Achaean League. That is too little for the conquered which is sufficient for the conquerors; enemies demand more than allies possess!

[6]

Those things which were made sanctified and sacred by oath, by written records⁷ carved on stone for eternal preservation, they are trying, by making us perjurers, to destroy. Indeed we respect you, Romans, and, if you wish it so, we even fear you; but still more do we both respect and fear the immortal gods.

⁸ Lycortas was heard with applause on the part of the majority, and all said that he had spoken in a manner consistent with the dignity of his office, so that it was readily apparent that by a soft answer the Romans could not maintain their position. Then Appius said that he earnestly advised the Achaeans to come to terms while it was still possible to do so of their own free will, lest presently they be forced to take the same action against their will and under compulsion.

[7] This speech was received with a general groan, but it made the Achaeans fear to refuse what was ordered.

[8] They requested only this, that the⁹ Romans should make such changes as seemed proper to them regarding the Lacedaemonians and should not involve the Achaeans in the religious difficulty of making void what they had ratified by oath.¹⁰ Only the vote of condemnation which had recently been passed on Areus and Alcibiades was repealed.

[9] XXXVIII. At Rome, in the beginning of this year, when the question of the provinces for the consuls and praetors came up, the Ligurians were decreed to the consuls, since there was war nowhere else. Of the praetors, Gaius Decimius Flavus received the civil jurisdiction, Publius Cornelius Cethegus that between citizens and aliens, Gaius Sempronius Blaesus Sicily, Quintus Naevius Matho Sardinia and the additional task of investigating cases of poisoning, Aulus Terentius Varro Nearer Spain, Publius Sempronius Longus Farther Spain. From these two provinces at about the same time came the lieutenants, Lucius Juventius Talna and Titus Quinctilius Varus, who, after informing the senate how great a war had now been finished in Spain, asked at the same time that by reason of such victories honour should be paid to the immortal gods and that the praetors should be permitted to bring home their armies.¹¹

[10] A thanksgiving for two days was decreed: as to bringing back the legions, they ordered that the question should be brought up anew when the matter of troops for the consuls and praetors was discussed. A few days later the consuls were assigned, for service against the Ligurians, two legions each, which had been under the command of Appius Claudius and Marcus Sempronius. With respect to the Spanish armies, great strife arose between the new praetors and the friends of the absent, Calpurnius and Quinctius.¹² Each side had tribunes of the people, each a consul. The one side threatened that they would veto a decree of the senate if they should vote that the armies should be brought home: the others, that if this veto should be used they would permit no other decree to be passed.¹³

[11] In the end the influence of the absent praetors proved unavailing, and a decree of the senate was passed that the praetors should enlist four thousand Roman infantry, three hundred cavalry, and of the allies of the Latin confederacy five thousand infantry and five hundred cavalry, whom they should take with them to Spain.

[12] When they had assigned these four thousand to the legions, in proportion as they numbered more than five thousand infantry and three hundred cavalry per legion, they should discharge the surplus; first, those who had completed their terms of service, second, those individuals whose conspicuous services Calpurnius and Quinctius had enjoyed in the battle.

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.) — 39.38 focus

[1] Romae principio eius anni, cum de provinciis consulum et praetorum actum est, consulibus Ligures, quia bellum nusquam alibi erat, decreti.

[2] praetores C. Decimius Flavus urbanam, P. Cornelius Cethegus inter cives et peregrinos sortiti sunt,

[3] C. Sempronius Blaesus Siciliam, Q. Naevius Matho Sardiniam et ut idem quaereret de veneficiis, A. Terentius Varro Hispaniam citeriorem, P. Sempronius Longus Hispaniam ulteriorem.

[4] de iis duabus provinciis legati per id fere tempus L. Iuventius Talna et T. Quinctilius Varus venerunt,

[5] qui, quantum bellum iam profligatum in Hispania esset, senatu edocto postularunt simul, ut pro rebus tam prospere gestis diis immortalibus haberetur honos et ut praetoribus exercitum deportare liceret.

[6] supplicatio in biduum decreta est: de legionibus deportandis, cum de consulum praetorumque exercitibus ageretur, rem integram referri iusserunt. paucos post dies consulibus in Ligures binae legiones,

[7] quas Ap. Claudius et M. Sempronius habuerant, decretae sunt.

[8] de Hispaniensibus exercitibus magna contentio fuit inter novos praetores et amicos absentium, Calpurnii Quinctiique.

[9] utraque causa tribunos plebis, utraque consulem habebat. hi se intercessuros senatus consulto, si deportandos censerent exercitus, denuntiabant: illi, si haec intercessio fieret, nullam rem aliam se decerni passuros.

[10] victa postremo absentium gratia est et senatus consultum factum, ut praetores quattuor milia peditum Romauorum Romanorum scriberent, trecentos equites, et quinque milia peditum sociorum Latini nominis, quingentos equites, quos secum in Hispaniam portarent.

[11] cum ea quattuor milia in legiones discripsissent, quo plus quam quina milia peditum, treceni equites in singulis legionibus esset, dimitterent, eos primum,

[12] qui emerita stipendia haberent, deinde ut cuiusque fortissima opera Calpurnius et Quinctius in proelio usi essent.

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.) — 39.38 focus

[1]

Romae principio eius anni, cum de provinciis consulum et praetorum actum est, consulibus Ligures, quia bellum nusquam alibi erat, decreti.

[2] praetores C. Decimius Flavus urbanam, ¹ P. Cornelius Cethegus inter cives et peregrinos sortiti sunt,

[3] C. Sempronius Blaesus Siciliam, Q. Naevius Matho Sardiniam et ut idem quaereret de veneficiis, A. Terentius Varro Hispaniam citeriorem P. Sempronius Longus Hispaniam ulteriorem.

[4] de iis duabus provinciis legati per id fere tempus L. Iuventius Thalna et T. Quinctilius Varus venerunt,

[5] qui quantum bellum iam profligatum in Hispania esset senatu edocto postularunt simul, ut pro rebus tam prospere gestis diis inmortalibus haberetur honos et ut praetoribus exercitum deportare liceret.

[6] supplicatio in biduum decreta est; de legionibus deportandis, cum de consulum praetorumque exercitibus ageretur, rem integram referri iusserunt.

[7] paucos post dies consulibus in Ligures binae legiones, quas Ap. Claudius et M. Sempronius habuerant, decretae sunt.

[8] de Hispaniensibus exercitibus magna contentio fuit inter novos praetores et amicos absentium, Calpurni Quinctique.

[9] utraque causa tribunos plebis, utraque consulem habebat. hi se intercessuros senatus consulto, si deportandos censerent exercitus, denuntiabant; illi, si haec intercessio fieret, nullam rem aliam se decerni passuros.

[10] victa postremo absentium gratia est, et senatus consultum factum, ut praetores quattuor milia peditum Romanorum scriberent, trecentos equites, et quinque milia peditum sociorum Latini nominis, quingentos equites, quos secum in Hispaniam portarent.

[11] cum ² eos in legiones quattuor discripsissent, quo plus quam quina milia peditum, treceni equites in singulis legionibus essent, dimitterent, eos primum,

[12] qui emerita stipendia haberent, deinde ut cuiusque fortissima opera Calpurnius et Quinctius in proelio uis essent.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 39.38 focus

[1]

In the beginning of this year, when the business of assigning the provinces to the consuls and praetors was taken under consideration at Rome, Liguria was decreed

[2] to the consuls, because there was no war any where else. As to the praetors, Caius Decimius Flavus obtained, by lot, the city jurisdiction;

[3] Publius Cornelius Cethegus, that between citizens and foreigners; Caius Sempronius Blaesus, Sicily; Quintus Naevius Matho, Sardinia; he had also the charge of making inquisition concerning poisons; Aulus Terentius Varro, Hither Spain; and Publius Sempronius Longus, Farther Spain.

[4] From the two latter provinces deputies arrived about this time, —Lucius Juvencius Thalna and Titus Quintilius Varus;

[5] who, having informed the senate how formidable the war was that was finished by them in Spain, requested that, in consideration of such happy success, a thanksgiving should be performed to the immortal gods, and permission granted to the praetors to bring home the armies.

[6] The senate decreed a thanksgiving for two days, and ordered that the question respecting the armies should lie over, and be proposed when they would be deliberating concerning the armies for the consuls and praetors. A few days after this, they voted to the consuls, for Liguria, two legions each, which Appius Claudius and Marcus Sempronius had commanded.

[7] With regard to the armies in Spain, there was a warm

[8] contention between the new praetors and the friends of the absent ones, Calpurnius and Quintius. On each side were plebeian tribunes, and, on each, a consul.

[9] The former threatened, if the senate voted for bringing home the armies, to protest against their decree; the latter, that, if such a protest were made, they would not suffer any other business to proceed.

[10] At last, the interest of the absent praetors was overpowered, and a decree of the senate passed, that

the praetors should enlist four thousand Roman foot, and four hundred horse; with five thousand foot, and five hundred horse, of the Latin confederates; whom they should carry with them into Spain.

[11]

That, when they should have divided these between the legions, they should discharge whatever number should then be in each legion, above five thousand foot and three hundred horse, dismissing those first who had served out their number of campaigns, afterwards the

[12]

others according to their bravery displayed under Calpurnius and Quintius.

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.) — 39.38 focus

[1]

In the assignment of provinces at the commencement of the year to the consuls and praetors, Liguria, the only country where war was going on, was assigned to the consuls.

[2] The allocation of provinces to the praetors was as follows: the civic jurisdiction fell to C. Decimius Flavus;

[3] the alien, P. Cornelius Cethegus; C. Sempronius Blaesus took Sicily; Q. Naevius Matho, Sardinia, and also the investigation into the alleged cases of poisoning; A. Terentius Varro, Hither Spain, and P. Sempronius Longus, Further Spain.

[4] From these two last-mentioned provinces, two representatives of the praetors-L. Juventius Thalna and T. Quinctius Varus-went to Rome and after explaining to the senate the magnitude of the war in Spain which had now been terminated,

[5] they made a request that for such a great success, honours should be paid to the immortal gods and the praetors allowed to bring home their army.

[6] A two days' thanksgiving was appointed; as to the return of the legions, the senate ordered the matter to be adjourned till the question of the armies for the consuls and praetors was considered. A few days later a decree was made transferring to each of the consuls two of the legions which Appius Claudius and M. Sempronius had had.

[7] The question of the armies in Spain gave rise to a serious

[8] dispute between the new praetors and the friends of the praetors in Spain. Each side was supported by tribunes of the plebs and by one of the consuls.

[9] The one party threatened to veto any senatorial decree which ordered the return of the armies; the other side declared that if such a veto took place, they would stop all further business.

[10] The interests of the praetors abroad proved the stronger, and a resolution was passed by the senate that the new praetors should enrol 4000 Roman infantry and 300 cavalry, and from the Latin allies 5000 infantry and 500 cavalry, as the force which they were to take with them.

[11] When they had incorporated them with the four legions in Spain, so that each legion should not contain more than 5000 infantry and 300 cavalry, they were to discharge the remainder;

[12] first, those who had served their time, and then those who had shown exceptional bravery in battle under Calpurnius and Quinctius.

Notes on the current edition

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

1. xxxiv. 9. There is no agreement as to the date of the construction of the walls (XXXIV. xxxviii. 2 and the note).

2. B.C. 184

3. The decree of 196 B.C. (XXXIII. xxxii. 5; Polybius XVIII. xlvi.) named no Peloponnesian state except Corinth, the others being omitted, presumably, because they were already free. The speaker is therefore inexact in his quotation, although omnium primos is exact to the extent that Corinth was the first state mentioned in the decree.

4. The case of Capua was frequently brought up by Greek critics of Rome: cf., e.g., XXXI. xxix. 11.

5. This must be regarded as a fair statement of the situation, even if the Greeks themselves were mainly to blame. Lycortas appears to mean by the last clause that such liberty as the Achaeans possess under a treaty that was nominally aequum is the gift of the Romans ( precaria), but that the Romans by virtue of their imperium could take away their gift as easily as they could make it. The reply of Claudius confirms this.

6. B.C. 184

7. A copy of the decree by which Lacedaemon was taken into the League would doubtless be set up in the temple at Aegium.

8. For the thought cf. sect. 21 below and the note. Lycortas was the father of Polybius, and therefore, even if any corresponding speech in Polybius were preserved, we should find it impossible to judge how much of the version of Livy was genuine. Its sophistry is evident, and it is difficult to see how even a supporter of Philopoemen could have honestly maintained that Lacedaemon had equal rights in the League. But, genuine or imaginary, the speech seems to picture fairly the actual situation that existed in Greece, and its accuracy suggests that Livy had some evidential basis for his composition. For an excellent and well-documented discussion of this question, see Larsen,

Was Greece Free between 196 and 146 B.C.?

in Classical Philology 30, 1935, 193-214. Larsen's findings agree in general with the point of view of this note, although he does not use this speech as evidence.

9. B.C. 184

10. The Achaeans, recognizing the inevitability of changes, ask that these changes be enforced upon them by Rome, to spare them the humiliation of breaking their oaths by repealing laws which they had sworn to obey.

11. The praetors were clearly warned by the experience of Acidinus (xxix. 4-5 above and the note), and tried to avoid giving the senate an excuse to refuse their triumphs.

12. B.C. 184

13. Since the negative always prevailed in such circumstances, a complete deadlock and suspension of public business were threatened.

Titus Livius (Livy) Ab urbe condita 39.38

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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