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), 42.21

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[1] The consuls up to this time had not set out to their province¹ because they would not yield to the senate in passing a decree regarding Marcus Popilius, and the Fathers were determined to allow no other decree to have precedence over it.

[2] The ill-will against Popilius was increased again by dispatches in which he reported that as proconsul he had fought a second time with the Ligurian Statellates and had killed six thousand of them; because of the injustice done in this war the rest of the Ligurian peoples also took up arms.

[3] Then indeed not the absent Popilius alone was reproached in the senate because he had made war on surrendered tribes contrary to justice and right, and had roused pacified people to rebellion, but the consuls as well,² because they did not go to their province.

[4] Prompted by this harmony among the Fathers, Marcus Marcius Sermo and Quintus Marcius Scilla, tribunes of the people, first proclaimed that they would lay a fine upon the consuls if they should not go to their provinces, and then read in the senate the motion which they proposed to offer regarding the surrendered Ligurians.

[5] It was proposed that in case anyone of the surrendered Statellans had not been restored to liberty before the Kalends of August following, the senate should decree on oath³ what officials should investigate this matter and punish the person by whose malice the aforesaid person had become a slave. Then, on the authorization of the senate, they published this decree. Before the consuls set out, an audience before the senate was granted to Gaius Cicereius, praetor of the preceding year, in the temple of Bellona.

[6] When he had set forth his achievements in Corsica⁴ and had vainly demanded a

[7] triumph, he celebrated his triumph on the Alban Mount, which had now become customary⁵ in order to permit the celebration of a triumph without the authorization of the state. The plebeian assembly voted and ordered the Marcian proposal regarding the Ligurians with complete unanimity.

[8] In accordance with this legislation the praetor Gaius Licinius consulted the senate as to whom they would choose to investigate under that bill. The Fathers ordered Licinius himself to conduct the investigation.

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.) — 42.21 focus

[1] consules ad id tempus in provinciam non exierant, quia neque, uti de M. Popilio referrent, senatui obsequebantur, et nihil aliud decernere prius statutum patribus erat.

[2] aucta etiam invidia est Popili litteris eius, quibus iterum cum Statellatibus Liguribus proconsul pugnasse se scripsit ac sex milia eorum occidisse; propter cuius iniuriam belli ceteri quoque Ligurum populi ad arma ierunt.

[3] tum vero non absens modo Popilius, qui deditis contra ius ac fas bellum intulisset et pacatos ad rebellandum incitasset, sed consules, quod non exirent in provinciam, in senatu increpiti.

[4] hoc consensu patrum accensi M. Marcius Sermo et Q. Marcius Scilla, tribuni plebis, et consulibus multam se dicturos, nisi in provinciam exirent, denuntiarunt, et rogationem, quam de Liguribus deditis promulgare in animo haberent, in senatu recitarunt.

[5] sanciebatur, ut, qui ex Statellis deditis in libertatem restitutus ante kal. Sextiles primas non esset, cuius dolo malo is in servitutem venisset, ut iuratus senatus decerneret, qui eam rem quaereret animadverteretque. ex auctoritate deinde senatus eam rogationem promulgarunt.

[6] priusquam proficiscerentur consules, C. Cicereio, praetori prioris anni, ad aedem Bellonae senatus datus est.

[7] is expositis, quas in Corsica res gessisset, postulatoque frustra triumpho, in monte Albano, quod iam in morem venerat, ut sine publica auctoritate fieret, triumphavit.

[8] rogationem Marciam de Liguribus magno consensu plebes scivit iussitque. ex eo plebiscito C. Licinius praetor consuluit senatum, quem quaerere ea rogatione vellet. patres ipsum eum quaerere iusserunt.

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).) — 43.21 focus

[1]

L. Coelius, legatus Romanus, praeerat Illyrico; qui moveri non ausus cum in iis locis rex esset, ¹ post profectionem demum eius conatus in Penestis Uscanam recipere, a praesidio quod ibi Macedonum erat cum multis vulneribus repulsus Lychnidum ² copias reduxit.

[2] inde post dies paucos M. Trebellium Fregellanum cum satis valida manu in ³ Penestas misit ad obsides ab iis ⁴ urbibus quae in amicitia cum fide permanserant accipiendos;

[3] procedere etiam in Parthinos — ii quoque obsides dare pepigerant—iussit. Ab utraque gente sine tumultu exigit. ⁵ Penestarum equites Apolloniam, Parthinorum Dyrrachium, — tum Epidamni magis celebre nomen Graecis erat — missi.

[4] Ap . Claudius acceptam in Illyrico ignominiam corrigere cupiens Phanotam, ⁶ Epiri castellum, adortus oppugnare ⁷ est. auxilia Chaonum Thesprotorumque ⁸ praeter Romanum exercitum, ad sex milia hominum, secum adduxit;

[5] neque operae pretium fecit Cleua, ⁹ qui relictus a ¹⁰ Perseo erat, cum valido praesidio defendente. et Perseus, Elimeam profectus et circa eam exercitu ¹¹ lustrato ad Stratum vocantibus Epirotis ducit.

[6] Stratus validissima tum urbs Aetoliae erat ¹² ; sita est super Ambracium sinum prope ¹³ amnem Inachum. ¹⁴ cum decem milibus peditum eo profectus est et equitibus trecentis, quos pauciores propter angustias viarum et asperitatem duxit.

[7] tertio¹⁵ die cum pervenisset ad Citium montem, vix transgressus propter altitudinem nivis locum quoque castris aegre invenit.

[8] profectus inde, magis quia manere non poterat, quam ¹⁶ quod tolerabilis aut via aut tempestas esset, cum ingenti vexatione praecipue iumentorum altero die ad templum Iovis, Nicaeum quem vocant, posuit castra.

[9] ad Aratthum ¹⁷ inde flumen itinere ingenti emenso retentus altitudine amnis . . . ¹⁸ mansit. quo spatio temporis ponte perfecto, traductis copiis diei progressus iter obvium Archidamum, principem Aetolorum per quem ei ¹⁹ Stratus tradebatur habuit.

Ab urbe condita libri, erklärt von M. Weissenborn Perseus (Weissenborn, W.; Müller, H. J., editors. Berlin: Weidmannsche Buchhandlung, 1873-1883.) — 42.21 focus

[1]

consules ad id tempus in provinciam non exierant, quia neque, uti de M. Popilio referrent, senatui obsequebantur et nihil aliud decernere prius statutum patribus erat.

[2] aucta etiam invidia est Popili litteris eius, quibus iterum cum Statellis Liguribus procons. pugnasse se scripsit ac sex milia eorum occidisse; propter cuius iniuriam belli ceteri quoque Ligurum populi ad arma ierunt.

[3] tum vero non absens modo Popilius, qui deditis contra ius ac fas bellum intulisset et pacatos ad rebellandum incitasset, sed consules, quod non exirent in provinciam, in senatu increpiti.

[4] hoc consensu patrum accensi M. Marcius Sermo et ¹ Q. Marcius Scylla tribuni plebis et consulibus multam se dicturos, nisi in provinciam exirent, denuntiarunt et rogationem, quam de Liguribus deditis promulgare in animo haberent, in senatu recitarunt.

[5] sanciebatur, ut qui ex Statellis deditis in libertatem restitutus ante calendas Sextiles primas non esset, cuius dolo malo is in servitutem venisset, ut iuratus senatus decerneret, qui eam rem quaereret animadverteretque. ex auctoritate deinde senatus eam rogationem promulgarunt.

[6] priusquam proficiscerentur consules, C. Cicereio praetori prioris anni ad aedem Bellonae senatus datus est.

[7] is expositis quas in Corsica res gessisset postulatoque frustra triumpho in monte Albano, quod iam in morem venerat, ut sine publica auctoritate fieret, triumphavit.

Translations (2)

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 42.21 focus

[1] The consuls had not yet gone to their provinces; for they would not comply with the senate, in proposing the business respecting Marcus Popilius; and, on the other hand, the senate was determined to proceed on no other until that was done.

[2] The general resentment against Popilius was aggravated by a letter received from him, in which he mentioned that he had, as proconsul, fought a second battle with the Ligurians of Statiella, six thousand of whom he had killed. On account of the injustice of this attack, the rest of the states of the Ligurians took up arms.

[3] Then not only was Popilius, in his absence, severely censured in the senate, for having, contrary to all laws, human and divine, made war on a people who had submitted to terms, and stirred up to rebellion states that were disposed to live in peace, but also the consuls for not having proceeded to that province.

[4] Encouraged by the unanimous opinion of the senators, two plebeian tribunes, Marcus Marcius Sermo and Quintus Marcius Sylla, declared publicly that they would institute a suit for a fine to be laid on the consuls, if they did not repair to their destination. They likewise read before the senate a proposal for an order of the people respecting the Ligurians, which they intended to publish.

[5] By it a regulation was made,

that in case any of the surrendered Statiellans should not be restored to liberty before the calends of August, then next ensuing, the senate, on oath, should appoint a magistrate to inquire into the business, and to punish the person through whose wicked practices he had been brought into slavery;

and accordingly, by direction of the senate, they proclaimed the same in public.

[6] Before the departure of the consuls, the senate gave audience, in the temple of Bellona, to Caius Cicereius, praetor of the former year.

[7] After recounting what he had performed in Corsica, he demanded a triumph; but this being refused, he rode in state on the Alban mount; a mode of celebration for victory without public authority, which had now become usual.

[8] The people, with universal approbation, passed and ratified the order proposed by Marcius, respecting the Ligurians; and in pursuance of this resolution of the people, Caius Licinius, praetor, desired the senate to appoint a person to conduct the inquiry, according to the order; whereupon the senate directed that he himself should conduct it.

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.) — 42.21 focus

[1] Up to this time the consuls had not left for their province. They did not comply with the desire of the senate to bring up the question of Popilius, and the senators were determined not to make any decrees till this was settled.

[2] The feeling against Popilius was intensified by a despatch received from him in which he stated that he had fought another battle with the Statellati and had killed 6000 of them. This iniquitous proceeding of his drove the rest of the Ligurians to arms.

[3] Now, however, it was not only the absent Popilius who was attacked in the senate for having, in defiance of all law, human and divine, commenced an aggressive war upon a people who had made their submission; the consuls also were severely censured for not having gone to their province.

[4] This attitude of the senate determined two of the tribunes of the plebs-M. Marcius Sermo and Q. Marcius Scylla-to warn the consuls that if they did not go to their province they should impose a fine on them. They also read to the senate the terms of a proposal which they intended to bring forward regarding the treatment of the Ligurians after they had made their submission.

[5] It was to the effect that where any of the Statellati who had made their surrender had not been restored to liberty by August 1, the senate should on oath empower a magistrate to seek out and punish the persons through whose criminal act they had passed into slavery. This order, thus sanctioned by the senate, was announced to the Assembly.

[6] Before the consuls left the City the senate gave an audience to C. Cicereius in the temple of Bellona. He gave an account.

[7] of what he had done in Corsica, but his request for a triumph was refused, and he celebrated his triumph on the Alban Mount, without the sanction of the senate, a thing which had become quite customary. Marcius's proposal about the Ligurians received the hearty assent of the plebs, and was carried.

[8] Acting on this plebiscite, C. Licinius consulted the senate as to whom they would choose to conduct the enquiry, and the senators ordered him to conduct it himself.

Notes on the current edition

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

1. The narrative continues from x. 15 above.

2. B.C. 172

3. Cf. XXVI. xxxiii. 14, XXX. xl. 12. On each of these occasions the matter seems to have been referred by the popular assembly to the senate

with power

; since the senate was in theory only an advisory body (and had on occasion been hostile to the commons), the oath perhaps was meant to bind the senators to the utmost scrupulousness and impartiality in making these delegated and final decisions.

4. Cf. vii. 1-2 above.

5. This statement cannot be verified from Livy's narrative, in which no triumph in monte Albano has been mentioned since XXXIII. xxiii. 8. In that passage, the triumphing consul cites the precedent of

many famous men,

but Livy mentions only one, XXVI. xxi.

Titus Livius (Livy) Ab urbe condita 42.21

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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