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), 39.39

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[1] When this strife had calmed down, another straightway arose as a consequence of the death of Gaius Decimius the praetor.

[2] Gnaeus Sicinius and Lucius Pupius, who had been aediles the preceding year, and Gaius Valerius the flamen Dialis and Quintus Fulvius Flaccus —he, because he was curule aedile elect,¹ did not wear the toga candida, but was canvassing more energetically than the rest —were the candidates.

[3] The race was between Fulvius and the flamen. And when Fulvius seemed at first to be on equal terms with Valerius² and then even to be passing him, part of the tribunes of the people declared that his candidacy ought not to be accepted³ because one man could not seek or hold two offices simultaneously, especially curule offices;

[4] part thought that he should be exempted from the operation of the laws, so that the people might have the opportunity of electing whomsoever they wished to the praetorship.⁴

[5] Lucius Porcius the consul was at first of the opinion that he should not accept his name; then, that he might take this action with the authorization of the senate,

[6] calling together the Fathers, he said that he was referring the matter to them because there was neither any law nor any precedent, acceptable in a free state, that a curule aedile elect might seek the praetorship; unless something else seemed best to them, it was his intention to hold the election in accordance with the law.

[7] The Fathers voted that the consul Lucius Porcius should appeal to Quintus Fulvius not to stand in the way of the election of a praetor, as a successor to Gaius Decimius, being held in accordance with the law. When the consul made this appeal in accordance with the decree of the senate, Flaccus replied that he would do nothing which was unworthy of himself.

[8] By this ambiguous answer he had created, in the minds of men who interpreted it to suit their own desires, the hope that he would yield to the authority of the Fathers.

[9] At the election he continued his canvassing even more actively than before, charging that the consul and the senate were wresting from him the gift of the Roman people and were arousing hostility to him by their talk of duplicated offices, as if it were not evident that when he should be elected⁵praetor he would immediately resign the aedileship.⁶

[10] When the consul saw both that the stubbornness of the candidate increased and that the favour of the people was turning more and more to him, he adjourned the assembly and summoned the senate. A full meeting declared that, since the authority of the Fathers had had no influence with Flaccus, the appeal to Flaccus should be made before the assembly.⁷

[11] When the consul had called an informal meeting and presented his plea, Flaccus, not even then moved from his position, expressed his gratitude to the Roman people because with such enthusiasm, as often as the opportunity to declare their desires had been granted to them, they had wished to make him praetor: it was not his intention to disappoint these desires of his fellow-citizens.

[12] This speech, obstinate though it was, aroused so much enthusiasm for him that he would be praetor beyond a doubt if the consul would accept his candidacy.⁸

[13] Then the tribunes had a great argument, both among themselves and with the consul, until the senate was convoked by the consul and passed this decree: that since the stubbornness of Quintus Flaccus and the base desires of men prevented the holding, in accordance with the

[14] laws, of the election to fill a vacancy among the praetors, the senate decreed that there were enough praetors; Publius Cornelius should hold both jurisdictions in the City and should preside at the games to Apollo.

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.) — 39.39 focus

[1] hac sedata contentione alia subinde C. Decimii praetoris morte exorta est.

[2] Cn. Sicinius et L. Pupius, qui aediles proximo anno fuerant, et C. Valerius flamen Dialis et Q. Fulvius Flaccus — is quia aedilis curulis designatus erat, sine toga candida, sed maxima ex omnibus contentione — petebant;

[3] certamenque ei cum flamine erat. et postquam primo aequare, mox superare etiam est visus, pars tribunorum plebis negare rationem eius habendam esse,

[4] quod duos simul unus magistratus, praesertim curules, neque capere posset nec gerere; pars legibus eum solvi aequum censere, ut quem vellet praetorem creandi populo potestas fieret.

[5] L. Porcius consul primo in ea sententia esse, ne nomen eius acciperet;

[6] deinde, ut ex auctoritate senatus idem faceret, convocatis patribus referre se ad eos dixit, quod nec iure ullo nec exemplo tolerabili liberae civitati aedilis curulis designatus praeturam peteret; sibi, nisi quid aliud iis videretur, in animo esse e lege comitia habere.

[7] patres censuerunt, uti L. Porcius consul cum Q. Fulvio ageret, ne impedimento esset, quo minus comitia praetoris in locum C. Decimii subrogandi e lege haberentur.

[8] agenti consuli ex senatus consulto respondit Flaccus iihil, quod se indignum esset, facturum. medio respVonso responso spemn ad voluntatem interpretantibus fecerat cessurum patrum auctoritati esse.

[9] comitiis acrius etiai etiam quam ante petebat criminando, extorqueri sibi a consule et senatu populi Romani beneficium, et invidiam fieri geminati honoris, tamquam non appareret, ubi designatus praetor esset, extemplo aedilitate se abdicaturum. consul cum

[10] et pertinaciam petentis crescere et favorein favorem populi magis magisque in eum inclinari cerneret, dimissis comitiis senatum vocavit. censuerunt frequentes, quoniam Flaccum auctoritas patrum niilh! nihil movisset, ad populum cum Flacco agendum.

[11] coutione contione advocata cum egisset consul, ne turn tum quidem de sententia motus gratias populo Romano egit, quod tailto tanto studio, quotienscumque declarandae voluntatis potestas facta esset, praetorem se voluisset facere:

[12] ea sibi studia civium suorum destituere non esse in animo. haec vero tam obstinata vox tantum ei favorem accendit, ut haud dubius praetor esset, si consul accipere nomen vellet.

[13] ingens certamen tribunis et inter se ipsos et cum consule fuit, donee donec senatus a consule est habits habitus decretumque:

[14] quoniam praetoris subrogandi comitia ne legibus fierent, pertinacia Q. Flacci et prava studia hominum impedirent, senatum censere satis praetorumn praetorum esse;

[15] P. Cornelius utramque in urbe iurisdictionem haberet, Apollinique ludos faceret.

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.) — 39.39 focus

[1]

hac sedata contentione alia subinde C. Decimi praetoris morte exorta est.

[2] Cn. Sicinius et L. Pupius , qui aediles proximo anno fuerant, et C. Valerius flamen Dialis et Q. Fulvius Flaccus —is, quia aedilis curulis designatus erat, sine toga candida, sed maxima ex omnibus contentione—petebant; certamenque ei cum flamine ¹ erat.

[3] et postquam primo aequare, mox superare etiam est visus, pars tribunorum plebis negare rationem eius habendam esse,

[4] quod duos simul unus magistratus, praesertim curules, neque capere posset nec gerere; pars legibus eum solvi aequum censere, ut quem vellet praetorem creandi populo potestas fieret.

[5] L. Porcius consul primo in ea sententia esse,

[6] ne nomen eius acciperet, deinde, ut ex auctoritate autoritate senatus idem faceret, convocatis patribus referre se ad eos dixit, quod nec iure ullo nec exemplo tolerabili liberae civitati aedilis curulis designatus praeturam peteret; sibi, nisi quid aliud iis videretur, in animo esse e lege comitia habere.

[7] patres censuerunt, uti L. Porcius consul cum Q. Fulvio ageret, ne inpedimento esset, quo minus comitia praetoris in locum C. Decimi subrogandi e lege haberentur.

[8] agenti consuli ex senatus ² consulto respondit Flaccus, nihil, quod se indignum esset, facturum. medio responso ad voluntatem interpretantibus fecerat spem cessurum patrum auctoritati esse;

[9] comitiis acrius etiam quam ante petebat criminando extorqueri sibi a consule et senatu populi Romani beneficium et invidiam fieri geminati honoris, tamquam non adpareret, ubi designatus praetor esset, extemplo aedilitate se abdicaturum.

[10] consul cum et pertinaciam petentis crescere et favorem populi magis magisque in eum inclinari cerneret, dimissis comitiis senatum vocavit. censuerunt frequentes, quoniam Flaccum auctoritas patrum nihil movisset, ad populum cum Flacco agendum.

[11] contione advocata cum egisset consul, ne tum quidem de sententia motus gratias populo Romano egit, quod tanto studio, quotienscumque declarandae voluntatis potestas facta esset, praetorem se voluisset facere;

[12] ea sibi studia civium suorum destituere non esse in animo. haec vero tam obstinata vox tantum ei favorem accendit, ut haud dubius praetor esset, si consul accipere nomen vellet.

[13] ingens certamen tribunis et inter se ipsos et cum consule fuit, donec senatus a consule est habitus decretumque, ³ quoniam praetoris subrogandi comitia ne legibus fierent,

[14] pertinacia Q. Flacci et prava studia hominum inpedirent, senatum censere satis praetorum esse;

[15] P. Cornelius utramque in urbe iurisdictionem haberet Apollinique ludos faceret.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 39.39 focus

[1]

After this dispute was ended, another immediately arose, in consequence of the death of a praetor, Caius Decimius.

[2] There stood candidates for his place, Cneius Sicinius and Lucius Pupius, who had been aediles the year before; Caius Valerius, the flamen of Jupiter, and Quintus Fulvius Flaccus, who, though he did not appear in the white gown, because he was curule aedile elect, yet pressed his suit with more warmth than any of them.

[3] The contest lay between him and the priest of Jupiter. Fulvius at the beginning seemed to have an equal chance with the flamen, and after- wards surpassed him; on which, some of the plebeian tribunes insisted that no account should be taken of him, because one person could neither hold nor administer two offices, especially curule ones, at the same time;

[4] while others of them thought it proper that he ought to be exempted from the laws, in order that the people might have the power of electing praetor the person whom they wished.

[5] The consul, Lucius Porcius, was, from the beginning, inclined to refuse admitting him a candidate;

[6] and afterwards, wishing to have the countenance of the senate in so doing, he called the members together, and told them that

he desired their judgment in the case where a curule aedile elect, without any colour of law, and setting a precedent insufferable in a free state, stood candidate for the praetorship; for his part, unless they determined otherwise, he intended to hold the election according to law.

[7] The senate voted, that the consul, Lucius Porcius, should recommend to Quintus Fulvius, not to obstruct the elections for substituting a praetor in the room of Caius Decimius from proceeding according to law. When the consul, in pursuance of this decree, applied to him on the subject, he answered, that

he would do nothing unworthy of

[8]

himself,

by which indeterminate answer he left room for people to interpret his intention agreeably to their wish, and that he meant to submit to the direction of the senate.

[9] But, in the assembly, he urged his pretensions with more eagerness than ever: alleging as a charge, that the kindness of the Roman people was being wrested from him, and an odium excited against him on account of his suing for a second post of honour; as if it were not manifest that, when elected praetor, he must instantly abdicate the aedileship.

[10] The consul, seeing the candidate's obstinacy increase, and the public favour incline to him more and more, dissolved the assembly, and summoned a meeting of the senate; where, in a full house, they passed a vote, that

inasmuch as the directions of the senate had produced no effect on Flaccus, the affair concerning him should be laid before the people.

[11] A general assembly being summoned, when the consul made a full representation of the matter, Fulvius, not even then swerving from his determination, returned thanks to the Roman people

for the great zeal which they had shown in their desire to make him praetor, as often as opportunity had been given them of declaring their sentiments;

and assured them that

it was his resolution not to disappoint such instances of the attachment of his countrymen.

[12] This determined declaration increased the ardour of people for his cause to such a degree, that he would undoubtedly have been chosen praetor, if the consul had admitted him to stand.

[13] The tribunes maintained a violent altercation, both with their colleagues and with the consul, until, at length, the senate passed a decree, that

whereas the obstinacy of Quintus Flaccus, and the ill-judged party zeal of many among the people, had prevented the assembly for filling the place of a praetor, from being held according to law.

[14]

The senate therefore gave their judgment, that the present number of praetors was sufficient, that Publius Cornelius should hold both jurisdictions in the city, and celebrate the games of Apollo.

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.) — 39.39 focus

[1]

No sooner was this dispute settled than a fresh one started on the death of the praetor C. Decimius.

[2] The candidates for the vacant post were Cnaeus Sicinius and L. Pupius, who had been aediles during the previous year; C. Valerius, one of the Flamens of Jupiter, and Q. Fulvius Flaccus, who was curule aedile designate, and therefore did not appear in a candidate's dress, though he was most active of all in his canvassing.

[3] The contest lay between him and the Flamen. At first they were level, but when he appeared to be winning, some of the tribunes of the plebs said that votes must not be accepted for him, because no one could accept or hold two magistracies, especially curule magistracies, at the same time.

[4] Other tribunes thought it only right that he should be exempted from the legal disability in order that the people might be at liberty to elect whom they would as praetor.

[5] L. Porcius, the consul, was at first disposed not to allow votes for him;

[6] then in order to have the authority of the senate for doing this, he summoned the senators and said that he referred the question to them because the canvassing for a praetorship on the part of a curule aedile elect was not in accordance with justice, nor would the precedent be one which a free commonwealth could allow. As far as he was concerned, unless they thought some other course desirable, he intended to conduct the election according to law.

[7] The senate decided that the consul should come to an understanding with Q. Fulvius not to prevent the election of a praetor in place of C. Decimius from being conducted according to law. Acting on this resolution the consul approached Flaccus.

[8] He replied that he would do nothing unworthy of himself. Those who interpreted this evasive reply in accordance with their wishes were led to hope that he would yield to the authority of the senate.

[9] On the day of the election he displayed more determined activity than ever, and accused the consul and the senate of trying to deprive him of the goodwill and sympathy of the people of Rome, and creating odium against him for aspiring to double honours, as if it were not perfectly obvious that as soon as he was elected praetor he would resign the aedileship.

[10] When the consul saw that he was becoming more obstinate, and the popular feeling was more and more in his favour, he suspended the election and convened a meeting of the senate. There was a full attendance, and they resolved that since the authority of the senate had no weight with Flaccus, the case must be brought before the people.

[11] The Assembly met and the consul laid the matter before them. Not even then was Flaccus moved from his determination. He expressed his gratitude to the Roman People for their zealous support and their desire to make him praetor as often as they had the opportunity of expressing their desire.

[12] He had no intention of forgoing the zealous support which his fellow-citizens accorded him. The fixed determination thus expressed kindled the popular enthusiasm to such an extent that he would undoubtedly have become praetor, had the consul been willing to accept votes for him.

[13] There was a heated dispute amongst the tribunes themselves and between them and the consul, until at a meeting of the senate convened by the consul it was decreed that whereas the obstinacy of Q. Fulvius and the mischief of party strife prevented the election from being conducted according to law, the senate considered that the number of praetors was sufficient.

[14] P. Cornelius was to exercise both jurisdictions m the City and also to celebrate the Games of Apollo.

Notes on the current edition

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

1. Livy has confused the story. If Fulvius was aedileelect only, there could have been no objection to his wearing the toga candida (a curule magistrate wore the toga praetexta), and no question of holding two offices at once could have arisen, since his partial term as praetor would expire when his term as aedile began (cf. VII. xlii. 2 for the law forbidding two offices at the same time). We must therefore conclude with Mommsen (St. R. I. 513, n. 3) that Fulvius was aedile, not aedile-elect.

2. B.C. 184

3. The presiding magistrate had wide discretion in accepting or rejecting candidacies.

4. The doctrine here expressed had been most recently invoked for the benefit of Flamininus in 199 B.C. (XXXII. vii. 11).

5. One expects renuntiatus rather than designatus, but there is no authority for it in the MSS.

6. B.C. 184

7. The first appeal had been made privately, although the reply of Flaccus had at once been made known.

8. Their ardour cooled later, and Flaccus did not become praetor until two years after this (lvi. 5 below).

Titus Livius (Livy) Ab urbe condita 39.39

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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