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), 40.44

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[1] In that year for the first time a motion was proposed by Lucius Villius, tribune of the people, fixing the ages at which each magistracy might be sought and held.¹ From this fact a cognomen was given² to his family, so that its members were called Annales.

[2] After many years³ four praetors were chosen under the Baebian law, which provided that four should be chosen in alternate years.⁴ The praetors so elected were Gnaeus Cornelius Scipio, Gaius Valerius Laevinus and Quintus and Publius Mucius Scaevola, the sons of Quintus.

[3] To Quintus Fulvius and Lucius Manlius the consuls⁵ the same province which their predecessors had held was decreed with the same numbers of troops, infantry and cavalry, citizens and allies.

[4] In the two Spains the imperium of Tiberius Sempronius and Lucius Postumius was prolonged, and they were to keep the same armies which they had;

[5] and as replacements the consuls were ordered to enroll three thousand Roman infantry, three hundred cavalry, five thousand infantry and four hundred cavalry of the allies of the Latin confederacy.

[6] Publius Mucius Scaevola received by lot the civil jurisdiction and also the duty of enquiring into cases of poisoning in the city and within a distance of ten miles from the city, Gnaeus Cornelius Scipio that between citizens and aliens, Quintus Mucius Scaevola Sicily, Gaius Valerius Laevinus Sardinia.

[7] Quintus Fulvius the consul said that before he brought up any matter of public business he wished to free himself and the state of an obligation to the gods by fulfilling his vows.

[8] He had vowed, he said, on⁶ the day when he had last fought with the Celtiberians, to give games to Jupiter Optimus Maximus and a temple to Fortuna Equestris:

[9] for this purpose money had been collected for him by the Spaniards.⁷ It was decreed that the games should be held and that two commissioners should be chosen to contract for the temple.

[10] As to the cost, the limit was set that a greater sum might not be spent for the games than the amount that had been decreed to Fulvius Nobilior⁸ when he gave his games after the Aetolian war, and it was voted too that he should not invite, compel or accept

[11] contributions for these or do anything contrary to that decree of the senate which had been passed regarding games in the consulship of Lucius Aemilius and Gnaeus Baebius.⁹

[12] The senate had passed this decree because of the lavish expenditures made on games by Tiberius Sempronius the aedile, which had been a burden, not only on Italy and the allies of the Latin confederacy, but on outside provinces as well.¹⁰

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.) — 40.44 focus

[1] eo anno rogatio primum lata est ab L. Villio tribuno plebis, quot annos nati quemque magistratum peterent caperentque. inde cognomen familiae inditum, ut Annales appellarentur.

[2] praetores quattuor post multos annos lege Baebia creati, quae alternis quaternos iubebat creari. hi facti Cn. Cornelius Scipio C. Valerius Laevinus Q. et P. Mucii Q. f. Scaevolae.

[3] Q. Fulvio et L. Manlio consulibus eadem provincia, quae superioribus, pari numero copiae peditum equitum, civium sociorum decretae.

[4] in Iispaniis Hispaniis duabus Ti. Sempronio et L. Postumio cum iisdem exercitibus, quos haberent, prorogatum imperium est;

[5] et in supplementum consules scribere iussi ad tria milia peditum Romanorum, trecentos equites, quinque milia sociorum Latini nominis et quadrirngentos quadringentos equites.

[6] P. Mucius Scaevola urbanam sortitus provinciam est, et ut idem quaereret de veneficiis in urbe et propius urbem decem milia passuum, Cn. Cornelius Scipio peregrinam,

[7] Q. Mucius Scaevola Siciliam, C. Valerius Laevinus Sardiniam.

[8] Q. Fulvius consul priusquam ullam rem publicam ageret, liberare et se et rem publicam religione votis solvendis dixit velle.

[9] vovisse, quo die postremum cum Celtiberis pugnasset, ludos Iovi optimo maximo et aedem equestri Fortunae sese facturum: in earn eam rem sibi pecuniam collatam esse ab Hispanis.

[10] ludi decreti, et ut duumviri ad aedem locandam crearentur. de pecunia finitum, ne maior ludorum causa consumeretur, quam quanta Fulvio Nobiliori post Aetolicum bellum ludos facienti decreta esset;

[11] neve quid ad eos ludos arcesseret cogeret acciperet faceret adversus id senatus consultum, quod L. Aemilio Cn. Baebio consulibus de ludis factum esset.

[12] decreverat id senatus propter effusos sumptus factos in ludos Ti. Sempronii aedilis, qui graves non modo Italiae ac sociis Latini nominis, sed etiam provinciis externis fuerant.

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.) — 40.44 focus

[1]

eo anno rogatio primum lata est ab L. Vilio tribuno plebis quot annos nati quemque magistratum peterent caperentque. inde cognomen familiae inditum, ut Annales adpellarentur.

[2] praetores quattuor post multos annos lege Baebia creati, quae alternis ¹ quaternos iubebat creari. hi facti: Cn. Cornelius Scipio C. Valerius Laevinus Q. et P. Mucii Q. filii Scaevolae.

[3] Q. Fulvio et L. Manlio consulibus eadem provincia, quae superioribus, pari numero copiae peditum equitum, civium sociorum decretae.

[4] in Hispaniis duabus Ti. Sempronio et L. Postumio cum iisdem exercitibus, quos haberent, prorogatum imperium est, et in supplementum consules scribere iussi ad tria milia peditum Romanorum,

[5] trecentos equites, quinque milia sociorum Latini nominis et quadringentos equites.

[6] P. Mucius Scaevola urbanam sortitus provinciam est, et ut idem quaereret de veneficiis in urbe et propius urbem decem milia passuum,

[7] Cn. Cornelius Scipio peregrinam, Q. Mucius Scaevola Siciliam, C. Valerius Laevinus Sardiniam. ²

[8] Q. Fulvius consul, priusquam ullam rem publicam ageret, liberare et se et rem publicam religione votis solvendis dixit velle:

[9] vovisse, quo die postremum cum Celtiberis pugnasset, ludos Iovi optimo maximo et aedem equestri Fortunae sese facturum; in eam rem sibi pecuniam conlatam esse ab Hispanis.

[10] ludi decreti et ut duumviri ad aedem locandam crearentur. de pecunia finitur, ne maior ludorum causa consumeretur, quam quanta Fulvio Nobiliori post Aetolicum bellum ludos facienti decreta esset,

[11] neve quid ad eos ludos arcesseret cogeret acciperet faceret adversus id senatus consultum, quod L. Aemilio Cn. Baebio consulibus de ludis factum esset.

[12] decreverat id senatus propter effusos sumptus, factos in ludos Ti. Semproni aedilis, qui graves non modo Italiae ac sociis Latini nominis, sed etiam provinciis externis fuerant.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 40.44 focus

[1]

Four praetors were elected, after a lapse of many years, by the Baebian law, which enacted that four should be elected every alternate year; and the persons appointed were Cneius Cornelius Scipio, Caius Valerius Lavinus, Quintus Mucius Scaevola, and Publius Mucius Scaevola, sons of Quintus.

[2] To the consuls, Quintus Fulvius and Lucius Manlius, was decreed the same province as to the preceding ones, and the same number of forces, infantry, cavalry, citizens, and allies.

[3] In the two Spains, Tiberius Sempronius and Lucius Postumius were continued in command, with the same armies which they then had;

[4] and to recruit their numbers, the consuls were ordered to enlist, of Romans three thousand foot and three hundred horse, and of the Latin allies, five thousand foot and four hundred horse.

[5] Publius Mucius Scaevola obtained by lot the city jurisdiction, and likewise the business of the inquisitions concerning sorcery, in the city, and within ten miles of it; Cneius Scipio, the foreign jurisdiction; Quintus Mucius Scaevola, Sicily; and Caius Valerius Laevinus, Sardinia.

[6] The consul, Quintus Fulvius, before he meddled with any of the public business, declared that

he intended to acquit both himself and the state of the obligation of fulfilling the vows which he had made;

[7]

that on the day of his last battle with the Celtiberians, he had vowed to

[8]

perform games in honour of Jupiter supremely good and great, and to build a temple to Equestrian Fortune; and that by the Spaniards a contribution of money had been made for these purposes.

[9] A vote was passed that the games should be performed, and that duumvirs should be appointed to contract for the building of the temple.

[10] With regard to the expenses, a limitation was fixed, that

no greater sum should be expended on the games than that which had been voted to Fulvius Nobilior, when he exhibited games on the conclusion of the Aetolian war;

[11]

and that the consul should not, on account of these games, send for, collect, or receive, or do any thing contrary to the decree of the senate passed concerning games in the consulate of Lucius Aemilius and Cneius Baebius.

[12] The senate qualified their vote in this manner, on account of the lavish expense occasioned by the games of Tiberius Sempronius, the aedile, which had been burthensome not only to Italy and the Latin allies, but even to the provinces abroad.

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.) — 40.44 focus

[1]

A law was passed for the first time this year fixing the age at which men could be candidates for or hold a magistracy. It was introduced by L. Vilius, a tribune of the plebs, and from this his family received the cognomen of Annalis.

[2] After many years had elapsed, four praetors were elected this year under the Baebian Law, which laid down the rule that four praetors should be elected in alternate years.

[3] Those elected were Cnaeus Cornelius Scipio, C. Valerius Laevinus, and two sons of M. Scaevola, Quinctius and Publius. The new consuls had the same province assigned to them as their predecessors, and the same number of Roman and allied infantry and cavalry.

[4] In the two Spains, Ti. Sempronius and L. Postumius had their commands extended and retained their armies.

[5] To reinforce them the consuls were instructed to enrol 3000 Roman infantry and 300 cavalry, and 5000 infantry and 400 cavalry from the Latins and allies.

[6] P. Mucius Scaevola received the civic jurisdiction and was also charged with the investigation into the poisoning cases in the City and within ten miles of it. Cn. Cornelius Scipio had the alien jurisdiction; Q. Mucius Scaevola, Sicily; and C. Valerius Laevinus, Sardinia.

[7] Before Q. Fulvius commenced his duties as consul he said that he wished to discharge the State from the obligation of his vows.

[8] He had on the day of his last battle with the Celtiberi vowed Games to Jupiter Optimus Maximus and also a temple to Fortuna Equestris, and he had collected money from the Spaniards for this purpose.

[9] A decree was made that the Games should be celebrated and that two commissioners should be appointed to see to the construction of the temple. A limit was fixed for the expenditure on the Games.

[10] It was not to exceed the sum which had been decreed for the celebration of the Games after the Aetolian war by Fulvius Nobilior, and the consul was forbidden to requisition or levy or accept or do anything in respect of these Games in contravention of the resolution passed by the senate during the consulship of L. Aemilius and Cn. Baebius.

[11] The senate made their decree in this form in consequence of the extravagant cost incurred in the Games exhibited by

[12] Ti. Sempronius in his capacity of aedile, a cost which proved burdensome not only to Italy and the Latin allies, but to the provinces abroad as well.

Notes on the current edition

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

1. Livy's account of this important legislation is disappointingly brief. It seems that custom had in the past established a sequence of offices and had regulated the intervals which should separate them. Yet such important questions as re-elections and tenure of two offices simultaneously had required legislative enactment in the past. Such principles as that the people should have the privilege of electing its favourites regardless of technicalities (XXXII. vii. 8-11; XXXIX. xxxix and the notes) had caused great confusion. The lex Villia established minimum ages for the several magistracies, thus fixing a definite sequence of offices (which developed gradually into the cursus honorum), and provided that two-year intervals should separate successive offices.

2. B.C. 180

3. In XXXII. xxvii. 6 Livy reports the election of six praetors for 197 B.C., and that this was the first instance of the election of six.

4. The date and actual content of the Baebian law are unknown. It was not strictly observed and may have been soon repealed.

5. B.C. 179

6. B.C. 179

7. The contribution has not been mentioned; for the vow cf. xl. 10 above. The temple was in the neighbourhood of the circus Flaminius (Vitruvius III. iii. 2; Obsequens 16 (75)).

8. Cf. XXXIX. v. 7-10 and the notes.

9. The decree has not been mentioned.

10. Livy has not referred to these games before.

Titus Livius (Livy) Ab urbe condita 40.44

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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